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SW8040220_HISTORICAL FILE_20200504
STORMWATER DIVISION CODING S POST -CONSTRUCTION PERMIT PERMIT NO. SW8 Z C% DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE ❑ COMPLIANCE EVALUATIO DOC DATE Z o2D CZSo� YYYYMMDD GSP CONSULTING 6626 Gordon Road, Unit C WILMINGTON, NORTH CAROLINA, 28411 (910) 442-7870 FAX (910) 799-6659 TO: Steve Pusey NC Division of Water Quality 127 Cardinal Drive Ext. -Wilminglon, NC 28405 LETTER OF TR/�NSlu11TT/�L DATE 0 '0 /20 loe No. 2018-0002 ATTENTION PHONE# RE: Villages at Plantation Landing SW8 0 0220 r MAY U 14ZU 4n WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Fee Check ® Permit Applications ® Plans ❑ Calculations ❑ Copy of Letter ❑ Change order ❑ Diskette ® Other COPIES DESCRIPTION 1 0&M Agreement THESE ARE TRANSMITTED as checked below: the following items: ❑ Specifications ® For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® Foryour use ❑ Approved as noted ❑ Submit copies for distribution ® As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: COPYTO: File SIGNED: - Garry S. Pape, P.E. If enclosures are not as noted, kindly notify us at once. GSP CONSULTING 6626 Gordon Road, Unit C WILMINGTON, NORTH CAROLINA, 28411 (910) 442-7870 FAX (910) 799-6659 To: Steve Pusey NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 28405 WE ARE SENDING YOU ❑ Fee Check ❑ Copy of Letter LETTER ©F TRAINI� DATE 0 /21/20 lae 2018-0002 ATfENTnON PHONE# RE: Villages at Plantation Landing SW8 040220 ArK C 3 LIJLU ❑ Attached ❑ Under separate cover via ® Permit Applications ® Plans ❑ Calculations ❑ Change order ❑ Diskette ® Other the following items: ❑ Specifications COPIES DESCRIPTION 2 Revised Villages at Plantation Landing plans 1 Revised Stormwater Management Permit Application Form 1 Property Deed 1 Comment/Response Letter 1 Requested Corporation Information 1 SA Waters Exhibit & USGS Maps r_:�1 THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® Far your use ❑ Approved as noted ❑ Submit copies for distribution ® As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: COPYTO: File SIGNED: - Garry S. Pape, P.E. If enclosures are not as noted, kindly notify us at once. Pusey, Steven From: Pusey, Steven Sent: Monday, May 04, 2020 3:50 PM To: Garry Pape Cc: Andy E Mills (aemills@mungo.com) Subject: RE: [External] RE: Sw8 040220 Villages at Plantation Landing Req. for Add'I Info. Awesome! 'Jte" From: Garry Pape <gpape@gsp-consulting.com> Sent: Monday, May 04, 2020 3:46 PM To: Pusey, Steven <steven.pusey@ncdenr.gov> Cc: Andy E Mills (aemills@mungo.com) <aemills@mungo.com> Subject: RE: [External] RE: Sw8 040220 Villages at Plantation Landing Req. for Add'I Info. Just dropped it off Garry S. Pape, P.E. GSP CONSULTING, PLLC 6626-C Gordon Road Wiiminiton, North Carolina 2841 1 Mobile: 910-442-7870 Pax:910-799-6659 gpape,c .�!sp-consuiting.com -------- Original message -------- From: "Pusey, Steven" <steven.pusev@ncdenr.gov> Date: 5/4/20 3:34 PM (GMT-05:00) To: Garry Pape <gpape@gsp-consulting.com> Cc: "Andy E Mills (aemills@mungo.com)" <aemills@mungo.com> Subject: RE: [External] RE: Sw8 040220 Villages at Plantation Landing Req Well, I was wrong. We need a hard "signed" copy to make it official. Thanks, Steve for Add'I Info. PE From. Garry Pape <gpape@gsp-consu� Iting.com> Sent: Monday, May 04, 2020 3:30 PM To: Pusey, Steven <steven.pusey@ncdenr.gov> Cc: Andy E Mills (aemills@mungo.com) <aemills@mungo.com> Subject: RE: [External] RE: Sw8 040220 Villages at Plantation Landing Req. for Add'I Info. You said you didn't need one From: Pusey, Steven [mailto:steven.puseysa)ncdenr.gov] Sent: Monday, May 04, 2020 3:29 PM To: Garry Pape Cc: Andy E Mills (aemills(b mungo.com) Subject: RE: [External] RE: Sw8 040220 Villages at Plantation Landing Req. for Add'I Info. Just making sure you sent out a hard copy as well. I need that before I can submit the permit. Thanks, Steve From: Garry Pape <gpape@gsp-consulting.com> Sent: Thursday, April 30, 2020 10:32 AM To: Pusey, Steven <steven.pusey@ncdenr.gov> Cc: Andy E Mills (aemills@mun,o.c�om) <aemills@mungo.com> Subject: RE: [External] RE Sw8 040220 Villages at Plantation Landing Req. for Add'I Info. Steve, Attached is the O&M Agreement signed by Andy Mills. Let me know if you need me to drop off a hard copy. - Garry From: Pusey, Steven[mailto:steven.pusey@ncdenr.gov] Sent: Tuesday, April 28, 2020 9:37 AM To: Garry Pape Subject: Re: [External] RE: Sw8 040220 Villages at Plantation Landing Req. for Add'I Info. Garry, I appreciate your quick response. It appears that the previous signee, Mr. Leon O'Rourke, may be removed as an officer of the company. See first page of Action by Written Consent of Board dated Nov.1, 2019. That is why I asked for a new O&M Agreement, signed by new permittee. Regards, Stevew(�. Pwaey Steven G.Pusey Environmental Engineer II Division of Energy, Mineral and land Resources State Stormwater Program North Carolina Department of Environmental Quality Address: 127 Cardinal Drive, Wilmington, NC 28405 . Office: (910) 796-7215 Direct: (910) 796-7331 Email: steven.pusey@ncdenr.gov ►�t�r�tuw � Q- Depuftra* a baftERNOaa aw" Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Garry Pape <g_pape @gsp-consultinTcom> Sent: Tuesday, April 28, 2020 5:44 AM To: Pusey, Steven <steven.pusev@ncdenr.gov> Subject: [External] RE: Sw8 040220 Villages at Plantation Landing Req. for Add'i Info. We are decreasing the previously permitted BUA amount from 217,800 sf to 200,027 sf. The submitted Supplement and Application both show the new BUA as 200,027 sf. The Operation and Maintenance Agreement has no BUA information with it and the owner isn't changing. Scott Bowser, Anthony Mills & Leon O'Rourke are all employees of Clayton Properties Group, Inc. and all have Signing Official capabilities. So the previous O&M Agreement is still valid as it pertains to this revision. - Garry From: Pusey, Steven [mailto:steven.pusey@ncdenr.govI Sent: Monday, April 27, 2020 5:28 PM To: Garry Pape Subject: Sw8 040220 Villages at Plantation Landing Req. for Add1 Info. Garry, Are you changing the design conditions for the infiltration basin? With the changes in BUA, it looks like you are going from a total BUA of 217,800 sf to 200,027 sf. G Is that your intention? If so, you will need to revise the Infiltration basin supplement to show the BUA adding up to a total of 217,800 sf. In any case, you will need a revised Operation and Maintenance Agreement, with the new owner's (Scott Bowser or Anthony Mills) signature. Leon O'Rourke signed the last one. Please advise. Regards, Steve+v G. P[.I4ey Steven G.Pusey Environmental Engineer II DEQ- DEMLR Stormwater Phone: 910-796-7331 Email: stev_e_n.pusey@ncdenr.gov Puse , Steven From: Pusey, Steven Sent: Thursday, April 30, 2020 11:41 AM To: Garry Pape Cc: Andy E Mills (aemills@mungo.com) Subject: Re: [External] RE: Sw8 040220 Villages at Plantation Landing Req. for Add'I Info. Thanks! That will do. I will get back on writing up the permit. StevevvG. tP&GSey Steven G. Pusey Environmental Engineer II Division of Energy, Mineral and Land Resources State Stormwater Program North Carolina Department of Environmental Quality Address: 127 Cardinal Drive, Wilmington, NC 28405 Office: (910) 796-7215 Direct: (910) 796-7331 Email: steven.pusey@ncdenr.gov vc: D.E o.w�a of Emvonmeema Enuul correspondence to and jronl this address is suhject to the ;Vorth Carolina Public Recorrlc Lai+- and mu}= he diti Iosed to third parties From: Garry Pape <gpape@gsp-consulting.com> Sent: Thursday, April 30, 2020 10:31 AM To: Pusey, Steven <steven.pusey@ncdenr.gov> Cc: Andy E Mills (aemills@mungo.com) <aemills@mungo.com> Subject: RE: [External] RE: Sw8 040220 Villages at Plantation Landing Req. for Add'I Info. Steve, Attached is the O&M Agreement signed by Andy Mills. Let me know if you need me to drop off a hard copy. - Garry 1 From: Pusey, Steven[mailto:steven.pusey@ncdenr.gov] Sent: Tuesday, April 28, 2020 9:37 AM To: Garry Pape Subject: Re: [External] RE: Sw8 040220 Villages at Plantation Landing Req. for Addl Info. Garry, I appreciate your quick response. It appears that the previous signee, Mr. Leon O'Rourke, may be removed as an officer of the company. See first page of Action by Written Consent of Board dated Nov. 1, 2oig. That is why I asked for a new O&M Agreement, signed by new permittee. Regards, Steve v(�. Puvy Steven G.Pusey Environmental Engineer II Division of Energy, Mineral and Land Resources State Stormwater Program North Carolina Department of Environmental Quality Address: 127 Cardinal Drive, Wilmington, NC 28405 Office: (910) 796-7215 Direct: (910) 796-7331 Email: steven.pusey@ncdenr.gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Garry Pape <gpape@gsp-consulting.com> Sent: Tuesday, April 28, 2020 5:44 AM To: Pusey, Steven <steven.pusey@ncdenr.gov> Subject: [External] RE: Sw8 040220 Villages at Plantation Landing Req. for Add'I Info. We are decreasing the previously permitted BUA amount from 217,800 sf to 200,027 sf. The submitted Supplement and Application both show the new BUA as 200,027 sf. The Operation and Maintenance Agreement has no BUA information with it and the owner isn't changing. Scott Bowser, Anthony Mills & Leon O'Rourke are all employees of Clayton Properties Group, Inc. and all have Signing Official capabilities. So the previous O&M Agreement is still valid as it pertains to this revision. - Garry From: Pusey, Steven[mailto:steven.pusey@ncdenr.gov] Sent: Monday, April 27, 2020 5:28 PM To: Garry Pape Subject: Sw8 040220 Villages at Plantation Landing Req, for Add] Info. Garry, Are you changing the design conditions for the infiltration basin? With the changes in BUA, it looks like you are going from a total BUA of 217,800 sf to 200,027 sf. Is that your intention? If so, you will need to revise the Infiltration basin supplement to show the BUA adding up to a total of 217,800 sf. In any case, you will need a revised Operation and Maintenance Agreement, with the new owner's (Scott Bowser or Anthony Mills) signature. Leon O'Rourke signed the last one. Please advise. Regards, St-eve4VL C7. Pu4ey Steven G. Pusey Environmental Engineer II DEQ - DEMLR Stormwater Phone: 910-796-7331 Email: steven.pusey@ncdenr.gov 3 Pusey, Steven From: Garry Pape <gpape@gsp-consulting.com> Sent: Tuesday, April 28, 2020 5:45 AM To: Pusey, Steven Subject: [External] RE: Sw8 040220 Villages at Plantation Landing Req. for Add'I Info. Attachments: infiltration Basin Supplement.pdf; NCDEQ SW Application.pdf We are decreasing the previously permitted BUA amount from 217,800 sf to 200,027 sf. The submitted Supplement and Application both show the new BUA as 200,027 sf. The Operation and Maintenance Agreement has no BUA information with it and the owner isn't changing. Scott Bowser, Anthony Mills & Leon O'Rourke are all employees of Clayton Properties Group, Inc. and all have Signing Official capabilities. So the previous O&M Agreement is still valid as it pertains to this revision. - Garry From: Pusey, Steven[mailto:steven.pusey@ncdenr.gov] Sent: Monday, April 27, 2020 5:28 PM To: Garry Pape Subject: Sw8 040220 Villages at Plantation Landing Req. for Add'I Info. Garry, Are you changing the design conditions for the infiltration basin? With the changes in BUA, it looks like you are going from a total BUA of 217,800 sf to 200,027 sf. Is that your intention? If so, you will need to revise the Infiltration basin supplement to show the BUA adding up to a total of 217,800 sf. In any case, you will need a revised Operation and Maintenance Agreement, with the new owner's (Scott Bowser or Anthony Mills) signature. Leon O'Rourke signed the last one. Please advise. Regards, Sbeve,i/ C7. Pu4ey Steven G. Pusey Environmental Engineer II DEQ - DEMLR Stormwater Phone: 910-796-7331 Email: steven.pusey@ncdenr.gov Pusey, Steven From: Garry Pape <gpape@gsp-consulting.com> Sent: Thursday, April 30, 2020 10:32 AM To: Pusey, Steven Cr_ Andy E Mills (aemills@mungo.com) Subject: RE: [External] RE: Sw8 040220 Villages at Plantation Landing Req. for Add'I Info. Attachments: Villages at Plantation Landing O&M Agreement.pdf Steve, Attached is the O&M Agreement signed by Andy Mills. Let me know if you need me to drop off a hard copy. - Garry From: Pusey, Steven [mailto:steven.pusey@ncdenr.gov] Sent: Tuesday, April 28, 2020 9:37 AM To: Garry Pape Subject: Re: [External] RE: Sw8 040220 Villages at Plantation Landing Req. for Add'I Info, Garry, I appreciate your quick response. It appears that the previous signee, Mr. Leon O'Rourke, may be removed as an officer of the company. See first page of Action by Written Consent of Board dated Nov. 1, 2019. That is why I asked for a new O&M Agreement, signed by new permittee. Regards, Stevevv(�. Pu4ey Steven G. Pusey Environmental Engineer II Division of Energy, Mineral and Land Resources State Stormwater Program North Carolina Department of Environmental Quality Address: 127 Cardinal Drive, Wilmington, NC 28405 Office: (910) 796-7215 Direct: (910) 796-7331 Email: steven.pusey@ncdenr.gov Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties From: Garry Pape <gpape@gsp-consulting.com> Sent: Tuesday, April 28, 2020 5:44 AM To: Pusey, Steven <steven.pusey@ncdenr.gov> Subject: [External] RE: Sw8 040220 Villages at Plantation Landing Req. for Add'I Info. We are decreasing the previously permitted BUA amount from 217,800 sf to 200,027 sf. The submitted Supplement and Application both show the new BUA as 200,027 sf. The Operation and Maintenance Agreement has no BUA information with it and the owner isn't changing. Scott Bowser, Anthony Mills & Leon O'Rourke are all employees of Clayton Properties Group, Inc. and all have Signing Official capabilities. So the previous O&M Agreement is still valid as it pertains to this revision. - Garry From: Pusey, Steven[mailto:steven.pusey@ncdenr.gov] Sent: Monday, April 27, 2020 5:28 PM To: Garry Pape Subject: Sw8 040220 Villages at Plantation Landing Req. for Add'I Info. Garry, Are you changing the design conditions for the infiltration basin? With the changes in BUA, it looks like you are going from a total BUA of -217,800 sf tc 200,027 sf. Is that your intention? If so, you will need to revise the infiltration basin supplement to show the BUA adding up to a total of 217,800 sf. In any case, you will need a revised Operation and Maintenance Agreement, with the new owner's (Scott Bowser or Anthony Mills) signature. Leon O'Rourke signed the last one. Please advise. Regards, ,StP va+-L G. f Steven G.Pusey Environmental Engineer II DEQ - DEMLR Stormwater Phone: 910-796-7331 Project Name: Project Location: Villages at Plantation Landing 8740 Market -Street, Wilmington, NC 28411 Maintenance records shall be kept on the following BMP(s). This maintenance record shall be kept In a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired, or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the pollutant removal efficiency of the BMP(s). The BMP(s) on this project include (check all that apply & cc Bioretention Ceti Quantity: Dry Detention Basin Quantity: Grassed Swale Quantity: Green Roof Quantity: Infiltration Basin Quantity'. Infiltration Trench Quantity: Level SpreaderNFS Quantity: Permeable Pavement Quantity: Proprietary System Quantity: Rainwater Harvesting Quantity: Sand Filter Quantity: Stormwater Wetland Quantity: Wet Detention Basin Quantity: Disconnected impervious Area Present: User Defined BMP Present: 0&M tables will be added automatically): Location(s): Location(s): Location(s): Location(s): Location(s): Nothern corner of Property Location(s): Location(s):Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures Responsible Party: Andy Mills Title & Organization: Assistant Secretary - Clayton Properties Group, Inc Street address: 160 Mine Lake Court s zip: RaleighRaleighi NC 27615 ho umbe (s): 910-409-0211 amills@mungo.com Signature: Date: i, G rr a Notary Public for the State of fJO ! „.-- County of do heartW certi�[ that personally appeared before me this day of n i and acknowledge the due execution of th Opera i nd Maintenance oqrebment. Witness my hand and official seal, F NOTARY a� PUBUG a My commission expires: _ /j [ti -1 13 �'k�R G Important maintenance procedures: The drainage area will be carefully managed to reduce The sediment load to The infiltration basin. Immediately after the infiltration basin is established, the vegetation will be watered twice weekly if No portion of the infiltration basin will be fertilized after the initial fertilization that is required to establish The vegetation in and around the basin will be maintained at a height of approximately six inches. After the infiltration basin is established, it shall be inspected once a quarter and within 24 hours after every storm event Inspection activities shall be performed as folfcws Any problems that are found shall be repaired immediately. BMP element: Potentialproblem: How to remediate theproblem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant infiltration basin erosive gullies have formed. a ground cover and water until it is established. Provide lime and a one-time fertilizer application. The inlet device: pipe or The pipe is clogged (if Unclog the pipe. Dispose of the sediment off -site. swale applicable). The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the swale if necessary to smooth it over and provide swale (if applicable). erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated Search for the source of the sediment and remedy the problem if and reduced the depth to possible. Remove the sediment and dispose of it in a location 75% of the original design where it will not cause impacts to streams or the BMP. depth. Erosion has occurred or Provide additional erosion protection such as reinforced turf riprap is displaced. matting or riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than spraying The main treatment area A visible layer of sediment Search for the source of the sediment and remedy the problem if has accumulated. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Replace any media that was removed in the process. Revegetate disturbed areas immediately. Water is standing more Replace the top few inches of filter media and see if this corrects than 5 days after a storm the standing water problem, If so, revegetate immediately. If not, event. consult an appropriate professional for a more extensive repair. Weeds and noxious plants Remove the plants by hand or by wiping them with pesticide (do are growing in the main not spray) treatment area. The embankment Shrubs or trees have Remove shrubs or trees immediately. started to grow on the embankment. An annual inspection by an Make all needed repairs. appropriate professional shows that the embankment needs repair. The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off -site. The outlet device is Repair or replace the outlet device. damaged The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural damage have occurred at Resources Regional Office. the outlet. ACTION BY WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF CLAYTON PROPERTIES GROUP, INC. November 1, 2019 The undersigned, being all of the members of the Board of Directors (the "Board") of Clayton Properties Group, Inc., a Tennessee corporation (the "Company'), acting by written consent as permitted by Section 48-18-202 of the Tennessee Business Corporation Act and Section 3.6 of the Bylaws of the Company, hereby consent to the adoption of the following resolutions without a meeting and agree that such actions are taken with like effect and validity as though duly taken by the affirmative vote of the Board at a meeting duly called and legally held as of the date first written above: Appointment of Officers WHEREAS, the Board believes it to be advisable and in the best interests of the Company and its shareholders for the Company to appoint certain individuals as officers of the Company. NOW, THEREFORE, BE IT RESOLVED, that the Board hereby appoints each of the following individuals to serve as an officer of the Company until such individual's successor is duly appointed or until such individual's earlier death, resignation, retirement, disqualification or removal: Dawn Hall Assistant Secretary Ann Locklair Assistant Secretary April Peeler Assistant Secretary Scott Bowser Assistant Secretary Anthon Mills s sta atf— Sohn Putney Assistant Secretary Removal of Officers WHEREAS, the Board believes it to be advisable and in the best interests of the Company and its shareholders for the Company to remove certain individuals as officers of the Company. NOW, THEREFORE, BE IT RESOLVED, that the Board hereby removes the following individual as an officer of the Company: Leon O'Rourke General Resolutions RESOLVED, that the Board hereby authorizes and empowers each of the officers of the Company (the "Authorized Officers"), on behalf and in the name of the Company to prepare or cause to be prepared and to execute, deliver, verify, acknowledge, file or record any documents, ECEIVE . APR 2 3 2020 BY: instruments, certificates, statements, papers, new home sales contracts, agreements, contracts, counteroffers, settlement statements, change orders, applications, renewals, or any amendments thereto, that such Authorized Officer deems necessary, appropriate or desirable in order to effectuate the actions approved in this Action by Written Consent, and to take such further steps and do all such further acts or things as such Authorized Officer deems necessary, appropriate or desirable to carry out the intent of the resolutions set forth in this Action by Written Consent (such power shall include, without limitation, the authority to conduct purchases and sales of real property, execute deeds of conveyance of real property and otherwise develop and entitle real property on behalf of the Company, and to take all such actions deemed necessary in connection therewith by the applicable Authorized Officer); FURTHER RESOLVED, that the authority and power given pursuant to this Action by Written Consent be deemed retroactive and that the Board hereby ratifies, approves and adopts all acts authorized by this Action by Written Consent performed prior to the execution of this Action by Written Consent; and FURTHER RESOLVED, that the Board hereby directs the Secretary of the Company to place this Action by Written Consent in appropriate order in the books and records of the Company. The members of the Board are permitted to execute this Action by Written Consent in counterparts, all of which taken together constitute but a single instrument [Signature Page Follows] i' Each of the undersigned has executed this Action by Written Consent as of the date first written above for the purpose of evidencing (i) such undersigned's consent to the taking of the foregoing actions without a meeting and (ii) such undersigned's affirmative vote in favor of taking the foregoing actions. BOARD OF UHIECTORS: oldbrooks Mike Rutherford LAO- "ri Linda Ponce ECEIVE APR 2 3 2020 BY. [Signature Page to Action by Written Consent of the Board of Directors of Clayton Properties Group, Inc.] clrz' ts BUSINESS CORPORATION ANNUAL REPORT NAME OF BUSINESS CORPORATION: Clayton Properties Group, Inc. 0296674 +ire � use my SECRETARY OF STATE ID NUMBER: STATE OF FORMATION: TN E - Filed Annual Report 0296674 REPORT FOR THE FISCAL YEAR END: 1 2/31 /20 1 9 J/ 214 2020 11'00 48 SECTION A: REGISTERED AGENT'S INFORMATION Changes 1. NAME OF REGISTERED AGENT: CT Corporation System 2. SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS 8 COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 160 MINE LAKE COURT, SUITE 200 160 MINE LAKE COURT, SUITE 200 Raleigh, NC 27615 Wake County Raleigh, NC 27615 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Lessors 2. PRINCIPAL OFFICE PHONE NUMBER: (865) 380-3000 4. PRINCIPAL OFFICE STREET ADDRESS 5000 Clayton Rd Maryville, TN 37804-5550 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 5. PRINCIPAL OFFICE MAILING ADDRESS PO BOX 4098 Maryville, TN 37802 6. Select one of the following If applicable. (Optional see Instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: OFFICERS (Enter additional officers in Section E.) NAME: Linda Ponce NAME: Will Roberson tG GE 9� APR 2 3 202C BY: NAME: Mike Rutherford TITLE: Assistant Secretary TITLE: Assistant Secretary TITLE: President ADDRESS: PO Box 4098 Maryville, TN 37802 ADDRESS: PO Box 4098 Maryville, TN 37802 ADDRESS: PO Box 4098 Maryville, TN 37801 SECTION D: CERTIFICAT19N OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entilyAMES STARIHA 2/4/2020 SIGNATURE Form must be signed by an officer listed under Section C of this form. JAMES STARIHA Print or Type Name of Officer DATE Secretary Print or Type Title of officer MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 2762M525 SECTION E: ADDITIONAL OFFICERS NAME: JAMES STARIHA NAME: TITLE: Secretary TITLE: ADDRESS: ADDRESS: PO BOX 4098 MARYVILLE, TN 37802 NAME: TITLE: ADDRESS: NAME: . TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: NAME: TITLE: TITLE: ADDRESS: ADDRESS: �S 6 � Hh NAME: Name: BY. TITLE: TITLE: ADDRESS: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: Poplar Gra Plantatve / r ion �SC�OYS�)E i cem -2. L -Ak- JrJ// 60 it - ild 50. 17 aa17 0 l - 50 +3- i rf SC () as .n �j , 5D Kirkland y zs -aI& -,"C, a o - of I > 1S i` tip` of i V i z j �/ (r� o °o°� cf�IP6 PQRTiERS NECK' M NSF...—w..•._ /25� / 4 r< ��4 Q I `. \� 1s l `� f 01 TD oa TC 99 ECEIVE APR 2 3 MM SY: Book 6182 Page 1125 BK: RB 6182 PG: 1125 - 1128 RECORDED'. 11/30/2018 04:39:05 PM BY: ANDREA CRESWELL ASSISTANT NC FEE $2600 2018036023 NEW HANOVER COUNTY, REAL ESTATE TAMMY THEUSCH BEASLEY REGISTER OF DEEDS EXTX $2969.00 ELECTRONICALLY RECORDED NORTH CAROLINA SPECIAL WARRANTY DEED Excise Stamps: $2,969.00 Tax ID #: R02900-003-097-000 The property herein does not include the Grantor's primary residence. (NCGS 105-317.2) After recording, MAIL TO GRANTEE This instrument was prepared by: Eugene B. Davis, Jr., P.C. Brief description for the Index: 8.70 Acres THIS DEED is made this 39 day of f l 0Vi/tnJ�s/L- _, 2018, by and between GRANTOR Mungo Homes of North Carolina, Inc. A North Carolina corporation 2521 Schieffelin Road, Suite 116 Apex, NC 27502 GRANTEE Clayton Properties Group, Inc. A Tennessee corporation 5000 Clayton Road Maryville, Tennessee 37804 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by content. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Harnett Township, New Hanover County, North Carolina and more particularly described as follows: See attached Exhibit A APR 2 3 2020 BY: submitted electronically by "Moore & Alphin, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. Book 6182 Page 1126 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. AND THE GRANTOR covenants with the Grantee that Grantor is seized of said real property in fee simple, has done nothing to impair such title as Grantor received, and that Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the property hereinabovc described is subject to the following exceptions: 1) The lien of ad valorem real property taxes not yet due and payable. 2) All easements, covenants, conditions, restrictions, and other matters set forth in the County land records. IN WITNESS WHEREOF, each Grantor has hereunto set his hand and seal, as of the day and year first above written. MUNGO HOMES OF N RTIi CAROLINA, INC. (SEAL) Name: Title: <CA t 4y% O STATE OF & a k- ' L Ga rp1,+ n4 _ — COUNTY OF j�M4 {. Yid I certify that the following person personally appeared before me this day and acknowledged to me that he/she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: n l It- _ (print name of signer above) Date: l l -E— • S (Official Stamp or Seal) NSi11lIIlUry L q�.A` UBLtG ' 0s-2nx? .•emu Sd t1T H4 Notary Public Print Name: �jiGQ• Cv{l �'1 S My commission expires: to -u-Z-1 Book 6182 Page 1127 Exhibit "A" All that tract or parcel of land lying and being in Harnett Township, New Hanover County, North Carolina and being more particularly described as follows: Commencing at an existing iron pipe in the Southern right-of-way of Market Street, public right- of-way varies, the Northernmost corner of the Futch Creek Village Property, Map Book 51, Page 3, Deed Book 5139, Page 1461, Thence with said right-of-way and the Northern line of Tract A. The Willie Mattocks Minor Subdivision, Map Book 45, Page 335, Deed Book 4236, Page 571, North 42° 29' 45" East, 108.02 Feet to an existing rebar, the point of curvature of a non -tangent circular curve to the right, Thence with said right-of-way, a chord bearing of North 44' 22' 02" East and chord distance of 63.61 feet to an existing rebar, the northernmost corner of said Willie Mattocks property, the true POINT OF BEGINNING. Thence with said right -of --way, a non -tangent circular curve to the right, with a radius of 1,253.28 feet, an arc length of 242.82 feet, a delta angle of 11 ° 06' 03" and a chord bearing of North 510 04 34" East, 242.44 feet to an existing right-of-way disc, Thence with said right-of-way, North 58' 38' 52" East, 111.83 feet to an existing rebar, the southwesternmost corner of the Daniel and Delphine Green property, Map Book 2, Page 135, Deed Book 2716, Page 691, Thence with the line of said property, South 49' 49' 42" East, 254.60 feet to an existing iron pipe, Thence North 42° 30' 52" East, 172.04 feet to an existing rebar in the southern line of the Theodore Reddick, et at property, Deed Book 1084, Page 284, Thence with the line of said property, South 49' 43' 29" East, 286.73 feet to an existing iron pipe, the northwestern most corner of Lot 105, Sagewood at Plantation Landing, Phase 2, Section 2, Map Book 45, Page 154, Thence with the line of Lots 105 and 104, South 49' 58' 38" East, 161.06 feet to an existing iron pipe, the northernmost corner of Lot 85, Plantation Landing, Phase 3, Section 1, Map Book 45, Page 60, Thence with the Iine of said Lot 85, South 40' 12' 13" West, 156.85 feet to an existing iron pipe, Thence South 40' 05' 09" West, 50.09 feet to an existing rebar in the southern right-of-way of Plantation Landing Drive, Plantation Landing, Phase 3, Section 1, Map Book 45, Page 60, Thence with said right-of-way, South 49' 44' 21" East, 81.99 feet to an existing rebar, the Northernmost corner of Lot 86, Plantation Landing, Phase 3, Section 1, Map Book 45, Page 60, Thence with the lines of said Lot 86, South 40' 14' 20" West, 136.82 feet to an existing iron pipe, Thence South 49° 21' 46" East, 65.90 feet to an existing iron pipe, the Northernmost corner of the Willie Mae Mattocks property, Deed Book 1272, Page 1881, Book 6182 Page 1128 Thence with the Northern line of said property, South 22' 40' 20" West, 131.47 feet to an existing iron pipe, Thence South 35' 59' 33" West, 46.04 feet to an existing iron pipe in the Northern line of the Futch Creek Village property, Map Book 51, Page 3, Deed Book 5139, Page 146I, Thence with the Northern line of said property, North 49' 50' 27" West, 479.42 feet to an existing iron rod, the Southernmost corner of Tract A, the Willie Mattocks Minor Subdivision, map Book 45, Page 335, Deed Book 4236, Page 571, Thence with the line of said Tract A, North 49" 50' 27" West, 501.91 feet to an existing rebar in the southern right-of-way of Market Street, the true P01NT OF BEGINNING. The above described parcel has a calculated area of 8.70 acres. All bearings are referenced to the North Carolina GRID North, N.A.D. 1983, (2011). All distances are horizontal ground distances as shown on a survey by Atlantic Coast Survey, PLLC in April, 2018. This parcel is subject to a 60' wide private access and utility easement as shown on Map Book 33, Page 123. ip� 4 '�r't ` BUSINESS CORPORATION ANNUAL REPORT I IL2017 NAME OF BUSINESS CORPORATION: Clayton Properties Group, Inc. SECRETARY OF STATE ID NUMBER: 0296674 REPORT FOR THE FISCAL YEAR END: 1 2/31 /201 9 SECTION A: REGISTERED AGENT'S INFORMATION STATE OF FORMATION: TN 1. NAME OF REGISTERED AGENT: CT Corporation System 2. SIGNATURE OF THE NEW REGISTERED AGENT: - Filed Annual Report )296674 :;A202003512148 2WH20 11:00 n Changes SIGNATURE CONSTITUTES CONSENT TO TIME APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS 8r COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 160 MINE LAKE COURT, SUITE 200 160 MINE LAKE COURT, SUITE 200 Raleigh, NC 27615 Wake County Raleigh, NC 27615 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate Lessors 2. PRINCIPAL OFFICE PHONE NUMBER: (865) 380-3000 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS 5. PRINCIPAL OFFICE MAILING ADDRESS 5000 Clayton Rd Maryville, TN 37804-5550 Ia :o -i•: Maryville, TN 37802 6. Select one of the following if applicable. (Optional see instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: OFFICERS (Enter additional officers in Section E.) NAME: Linda Ponce TITLE: Assistant Secreta ADDRESS PO Box 4098 NAME: Will Roberson TITLE: Assistant Secreta ADDRESS: PO Box 4098 Maryville, TN 37802 Maryville, TN 37802 Maryville, TN 37801 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business ent YA' MES STARIHA 2/4/2020 NAME: Mike Rutherford TITLE: President ADDRESS: PO Box 4098 SIGNATURE DATE Form must be signed by an officer listed under Section C of this form. JAMES STARIHA Secretary Print or Type Name of Officer Print or Type Title o1 Officer MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525. Raleigh, NC 27626-0525 SECTION E: ADDITIONAL OFFICERS NAME: JAMES STARIHA TITLE: Secretary ADDRESS: PO BOX 4098 MARYVILLE, TN 37802 NAME: TITLE: ADDRESS NAME: TITLE: ADDRESS NAME: TITLE: ADDRESS NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: NAME: TITLE: TITLE: ADDRESS: ADDRESS: NAME: TITLE: ADDRESS: NAME: NAME: TITLE: TITLE: ADDRESS: ADDRESS: Name: TITLE: ADDRESS: NAME: TITLE: ADDRESS: INFILTRATION BASIN ANALYSIS FILENAME: G:Illstormwaterlpermits & projects120041040220 HD12020 03 excel_I8 040220 PROJECT NUMBER: SW8 040220 DATE: 31-Mar-20 PROJECT NAME: Villages at Plantation Landing DRAINAGE BASIN: Cape Fear REVIEWER: S. Pusey RECEIVING STREAM: Futch Creek CLASS: SA Index No.: If ORW, is site within the 575' AEC? SITE AREA: 8 acres DRAINAGE AREA: 306747 SF Percent BUA of site: 57.4% lower IMPERVIOUS AREA CALCULATION Buildings Parking Streets Sidewalk Existing FUTURE Drainage Area % IMPERVIOUS, I= Rational C 87530 higher 27205 . 28153 11179 20229 25731 lower ✓ TOTAL 200027 lower ✓ ELEVATION OF SEASONAL HIGH WATER TABLE REPORTED INFILTRATION RATE SURFACE AREAS AND ELEVATIONS Place a "1"here if Rational RV= .05+.009 ( I 1 0.64 35 FEET MSL 14 INCHES/HOUR or 0.000324 FPS Elev. (ft) Area, sf Inc. Volume BOTTOM 37 17838 0 38 19141 18489.5 39 20962 20051.5 TOP 40 32317 26639.5 VOLUME I DEPTH I DRAWDOWN CALCULATION DESIGN STORM, INCHES DESIGN VOLUME BYPASS WEIR ELEVATION TOTAL VOLUME AVAILABLE STORAGE MET AT ELEV TIME TO DRAWDOWN 25 YEAR 24 HOUR STORM NIA Intensity, Qr= C i A = i = .33 inches / hour Qp through the bottom of the basin= 10 YEAR 10 MIN HIGH INTENSITY EVENT Intensity, Volume for 10 y i = 6.3 inches / hour Acc. Volume 0 18489.5 by interp, volume at 38.5 = 28515 38541.0 by interp, volume at 39.25 = 45201 65180.5 1.5 24420 CUBIC FEET 39.25 (at vol. of 45,201 cf) 65180.5 CF 38.22 FEET (Engineer usedZar5 - 4.3 HOURS MUST BE <120 at 1/2 infil rate 0.00 CFS 5.78 CFS Must be > Or 0.00 CF < 65180.5 CF COMMENTS Volume and drawdown are within Design Requirements. GSP CONSULTING April 14, 2020 FJECEiVE NCDENR APR 2 3 2020 Division of Energy, Mineral and Land Resources 127 Cardinal Drive Extension BY: Wilmington, NC 28405 c/o Steve Pusey Re: Request for Additional Information SW8 040220 Villages at Plantation Landing We have received your request for additional information, dated April 1, 2020, 'file following notes outline our responses to your requests and address how the requests have been addressed, and identify the changes to the plan: Project / Application Requirements and Permitting Process 1. 15A NCAC 02H.1003(1)(c) - Please exclude surface ►vaters and coastal wetlands / )neasured landward from the normal high waterline, fl•orn the total drainage area preserved ii7 Seclioit III 10 of the al)plicaiioii. The total drainage area presenle'd in Section IV. 10 shotdd be consistent with the total projecl area presented in Section IV 7 of the application. Response: There are no surface waters and/or coastal wetlands within the limits of this project. 2. 15A NCAC 02H.1042(2): Please entail the supplement form to the email address provided below so that it can be preserved electronically per the regulator}, requirements. Response: All forms have been emailed. 15A NCAC 02H.1042(3)(b)_ x a. On the Drainage Area supplement sheet, please report the drainage urea for each SCMin the additional information section located at the bottom of this page. - b. Please initial Section 6 of the application which details submittal reguir•ements. Response: Application revised. 15A NCAC 02H.1042(2)(a)(vii) or (ix): Please confirm the following. ✓a. Please confirm that the applicant /signing official listed in Section 111.1.a of the application is consistent with the NC SOS's corporation database. / b. Please confirm the oddresses listed in Section 111.1.b of the application is consistent with the corporate addresses on file with the NC SOS's corporation database. Section 111.3 of the application is intended for other related addresses and contact information. c. Please provide complete contact information for the applicant, inchading phone number and e-mail address, in Section III. I.b of the application. / Response: a. The signing official has been designated by one of the officials V listed on the NC SOS's corporate database. Supporting documentation is attached. 6626 Gordon Road, Unit C Wilmington, North Carolina 28411 tel: 910-442.7870 fax: 910-799-6659 GSP CONSULTING b. Sections III.l.b & 111.3 have been revised to be 160 Mine Lake Court, Suite 200 Raleigh, NC 27615 & 211 Racine Drive, Suite 101, Wilmington, NC 28403, respectively. C. Scott Bowser, 910-409-0211, showser0mungo.com 5. ✓ 15A NCAC 02H.1040(1): The signature by other agents shall be accepted on the application only if accompanied by a letter of authorization signed by the appropriate authority. Response: The Clayton Properties Group, Inc Board of Directors list is attached. 6. % 15A NCAC 02H.1040(1)(a): In the case of a corporation, the application must be signed by a t/ principal executive officer of at least the level of vice-president. Response: Our understanding from NCDEQ previously is that the attached supporting document is sufficient for this process. 7. 15A NCAC 021-1,1040(4)(c): To support the identified property oivners of the property, please provide a copy of the most recent deed. Response: Deed attached. 15A NCAC 02H.1042(2)(b): (i) Please provide documentation showing the corporation or LLC is an active corporation in good standing tivith the NC Secretary of State. (ii) If the designated person is not listed tivith the documentation provided f •om the ,Secretary of State, gfficial documentation shoiving the titles and positions held by the signing official must be provided. Response: The Clayton Properties Croup, Inc 2020 Corporation Annual Report is attached. 15A NCAC 02H.1012(2)(d): a. Please check the latitude and longitude provided in Section L4 of the applicationfor accuracy. b. Please provide a copv of the USGS rnap identifying the project location and the GPS coordinates for the project. c. On the USGS rnap, please identify the project area subject to the SA-IIQW requirements set forth in 15A NCAC 02H.1019 of the rules. One option 10 depict the .subject project area is to delineate a % mile. Response: a. The latitude and longitude have been revised. b. Copy of USGS Map attached. c. SA Waters Exhibit attached. On the Exhibit the %n mile (2,640 ft) point is shown as a radius from the closest property corner and the distance to the closest water surfaces is shown. This distance is approximately 3,100 ft. so I'm not even sure that this site is subject to the "within '/2 mile and draining to SA Waters" Requirement. 10. ✓ 15A NCAC 02H.1042(2)(g)(li): Please provide dimensioned project or project phase boundari, with bearings and distances. Response: Bearings and distances shown on the plans. 6626 Gordon Road, Unit C Wilmington, North Carolina 28411 tel: 910-442-7870 fax:'910-799.6659 GSP CONSULTING 11. 15A NCAC 02H.1042(2)(g)(ii), .1002(I5), and .1002(38): The project limits /drainage area exhibit appears to delineate the drainage area boundary instead of the project ot• project phase boundar-y. Although drainage area is important to delineate, the drainage area for this project does not appear to match the project or phase boundaty. Please also provide a dimensioned project or project phase boundary with hearings and distances. Response: Bearings and distances are shown for the project as well as the drainage areas draining to the infiltration system. Due to the elevations of the site and adjacent properties the entire property does not drain to the infiltration system. However all impervious surface drain to the infiltration system and the only areas draining offsite are small grassed areas. 12, 15A NCAC 02H. 1042 (2) (g) (iii): Please provide the boundaries of all surface waters, wetlands, regulatory flood zones, protected vegetated setbacks, and protected riparian buffers, or a note on the plans that none exist. Response: A note has been added to Sheet C-5.1 stating that there are no surface waters, wetlands, regulatory flood cones protected vegetated setbacks, and protected riparian buffers within the limits of the project. 13. 15A NCAC 0211.1042(2)(g)(i): a. Please delineate the eristirrg arad the proposed built-upotr area including roads, parking areas, buildings, etc. b. Site layout needs to show all existing crud proposed built -upon areas. Please provide a typical townhouse footprint with dimensions on this street or a detail sheet. Response: a & b. A BUA Plan (Sheet C-5.4) has been added to the plan set to clearly show the Existing, Proposed and Future BUA delineations. 14. 15A NCAC 02H. 1042 (2) (h): Please provide a cross-section view of the SCM that includes the sub -items of this section of the rule. Response: Across section of the infiltration system is shown on Sheet C-5.2. 15. ; 15A NCAC 02H.1042(2)(i) and .1052(10) OR. 1053(l ]) OR .1054(12): For each proposed Y/ SCM, please provide a signed sealed, and dated planting plan that rneels the requirements of the referenced sections. Response: The system is an infiltration system. Infiltration systems do not require plantings. IV15A NCAC 02H.1042(2)(j): Please provide a signed and notarized operation and maintenance agreement that meets the requirements of.1050(11) and (12). Response: The previous operation and maintenance agreement should still be in effect. General MDC 17. 15A NCAC 02H.1050(1): The design volume ofSCALs shall take into account the runoffat build oul from all surfaces draining to the system. Drainage f fora qff--site areas may be 6626 Gordon Road, Unit C Wilmington, North CaroUna 28411 tel: 910-1442•7870 fax: 910-799•66S9 GSP CONSULTING bypassed The combined design vohane of all SCA-I.s on the project shall he sufficient to handle the required storm depth. Ifoff'ile drainage,fi-om property not owned by the applicant or not part of the development project, the gffsite area roust be considered at its buill-out potential or there ?oust he a recorded deed restricliort for BUA between the parties to treat that amount of BUA in the proposed syslem must he provided. Response: The off -site drainage is for a future development parcel. It is understood that if/when this property is developed an Off Site Supplement will be needed as this is how the project has been permitted previously. 18. 1 SA NCAC 021-1.1050(7): EverY SCA9 hnlr acted by sedimentation and erosion control during the construction phase shall be cleaned out and converted to its approved design state. Please provide a note on the plans for this issue. Response: A note has been added to Sheet C-5.1. 19. 15A NCAC 02f1.1042(2)(g)(vi), .1042(2)(1), .1050(8), and .1050(9): Every SCM installed for this project shall be made accessible for maintenance and repair. Please identify the maintenance access routes and easements cis +veil as the utility and drainage easements on the plans, if necessary. These shall have a mininnan width of 10 feet, slopes that do not exceed 3:1, and extend to the nearest public righl-of-tivciv. These easements shall he granted in favor of the party responsible for operating and maintaining the SCM.s. Response: The maintenance access routes have been shown on Sheet C-5.2. Infiltration Systems / 20. 15A NCAC 02H.1051 MDC FOR INFILM4TIONS}:STEMS. +� (5) DRA W DOWN TIME. It aplrears that there is an existing spillway at the infiltration basin with elevation of 35.37, below the bottom of the basin. Is that going to he removed? If not, it would drain the basin too fast. Response: The storm pipe with an elevation of 35.37 connects the infiltration system to the County detention system. This storm pipe is separated from the infiltration system to the detention system by a storm box. The storm box is set at the required storage elevation of 38.25. This restricts water from entering the storm pipe until it has surpassed the 38.25 elevation. I trust the responses to the comments will adequately address your concerns. Please contact me immediately at (910) 442-7870 or [,;pane rr,gsp-consultin�!.com if you have any questions or require additional information. Sincerely, GSP CONSULTING, PLLC. L�5 fV, 1`- Garry S. Pape, P.E. 6626 Gordon Road, Unit C Wilmington, North Carolina 28411 tel: 910-442-7870 fax: 910-799-6659 e� Reply�.all m Delete (S) hunk Block SW8 040220; Request for AddT Information Pusey, Steven .', Wed 4/1/2020 11:11 Awl Pape, Garry (gpape@gsp-consulting.com); sbowser@mungo.com i 2020 04 addinfo 040220.pdf 297 KB Gentlemen: Attached please find our request for additional information on project no. SW8 040220, reference the Villages at Plantation Landing Subdivision. If you should have any questions, please don't hesitate to contact me, preferably by email. Regards, Steve Pusey DEM LR-Stormwater K3 ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Acting Director April I, 2020 Via entail omit: showese>-a—�j?tuii,(,'o.Cont Clayton Properties Group, Inc. Attn: Scott Bowser, Assistant Secretary 211 Racine Drive r 54-P • t o t Wilmington, NC 28403 NORTH CAROLINA Environmental Quality Subject: Request for Additional Information Stornlivater Project No. SW8 040220 Villages at Plantation Landing New Hanover County Dear Mr, Bowser: The Wilmington Regional Office received and accepted a rmodified State Storinwater Management Permit Application for the subject project on January 31. 2020. A preliminary in-depth review of that information has determined that the application is not complete and that additional information is needed. To continue the review, please provide the following additional information: Project / Application Requirements and Permitting Process I- 15A NCAC 02H.1003(I)(c): Please exclude surface waters and coastal wetlands measured landward from the normal high waterline from the total drainage area presented in Section IV.10 of the application. The total drainage area presented in Section IV.10 should be consistent with the total project area presented in Section 1V.7 of the application. 2. 15A NCAC 021-1.1042(2): Please email the supplcment form to the crmail address provided below so that it can be preserved electronically per the regulatory requirements. 3. 15A NCAC 02H.1042())(b): it. On the Drainage Area supplement sheet, please report the drainage area for each SCM in the additional information section located at the bottom ofthis page. b. Please initial Section 6 of the application which details submittal requirements. 4. 15A NCAC 02H.1042(2)(a)(vii) or (ix): Please confirm the following: a. Please confirm that the applicant 1 signing official listed in Section III, La of the application is consistent .with the NC SOS's corporation database. b. Please confirm the addresses listed in Section 111. Lb of the application is consistent with the corporate addresses on file with the NC SOS's corporation database. Section 111.3 of the application is intended for other related addresses and contact information. c. Please provide complete contact information for the applicant, including phone number and e-retail address, in Section [[I. Lb of the application. 5. 15A NCAC 02H.1040(l): The signature by other agents shall be accepted on the application only if accompanied by a letter of authorization signed by the appropriate authority. 6. 15A NCAC 02H. 1040(1 )(a): In the case of a corporation, the application must be signed by a principal executive officer of at least the level of vice-president. 7. 15A NCAC 02H.1040(4)(c): To support the identified property owners of the property, please provide a copy ofthe most recent deed. ®� ✓ North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 :: c: w State Stormwater Permit No. SW8 040220 Page 2 of2 8. 15A NCAC 021-1.1042(2)(b): (i) Please provide documentation showing the corporation or LLC is an active corporation in good standing with the NC Secretary of State. (ii) I f the designated person is not listed with the documentation provided from the Secretary of State, official documentation showing the titles and positions held by the signing official must be provided. 9. 15A NCAC 02H.1042(2)(d): a. Please check the latitude and longitude provided in Section 1.4 of the application for accuracy. b. Please provide a copy of the USGS Wrap identifying the project location and the GPS coordinates for the project. c. On the USGS map, please identify the project area subject to the SA-HQW requirements set forth in 15A NCAC 0211.1019 of the rules. One option to depict the subject project area is to delineate a %z mile. 10. 15A NCAC 02H.1042(2)(g)(ii): Please provide dimensioned projcct or projcct phase boundary with bearings and distances. 11. 15A NCAC 021-1.1042(2)(g)(ii), .1002(15), and .1002(38): The project limits 1 drainage area exhibit appears to delineate the drainage area boundary instead of the project or project phase boundary. Although drainage area is important to delineate, the drainage area for this project does not appear to match the project or phase boundary. Please also provide a dimensioned project or project phase boundary with bearings and distances. 12. 15A NCAC 02H.I042(2)(g)(111): Please provide the boundaries ofall surface waters, wetlands, regulatory flood zones, protected vegetated setbacks, and protected riparian buffers, or a note on the plans that none exist. 13. 15A NCAC 02H .1042(2)(g)(v): a. Please delineate the existing and the proposed built -upon area including roads, parking areas, buildings, etc. b. Site layout needs to show all existing and proposed built -upon areas. Please provide a typical townhouse footprint with dimensions on this sheet or a detail sheet. 14. 15A NCAC 02H.1042(2)(h): Please provide across -section view ohthe SCM that includes the sub -items of this section of the rule. 15. 15A NCAC 02H.1042(2)(i) and .1052(10) OR .1053(1 1) OR .1054(12): For each proposed SCM; please provide a signed, sealed, and dated planting plan that meets the requirements of the referenced sections. 16. 15A NCAC 02H.1042(2)(j): Please provide a signed and notarized operation and maintenance agreement that meets the requirements of. 1050(11) and (12). General MIX 17. 15A NCAC 02H.1050(I ): The design volume of SCMs shall take into account the runoff at build out from all surfaces draining to the system. Drainage From off -site areas may be bypassed. The combined design volume of all SCMs on the project shall be sufficient to handle the required storm depth. I f offsite drainage from property not owned by the applicant or not part of the development project, the offsite area must be considered at its built -out potential or there must be a recorded deed restriction for 13UA between the parties to treat that amount of 13UA in the proposed system must be provided. 18. 15A NCAC 02H.1050(7): Every SCM impacted by sedimentation and erosion control during the construction phase shall be cleaned out and converted to its approved design state. Please provide a note on the plans for this issue. 19. 15A NCAC 02FI.I042(2)(g)(vi), .1042(2)(1), .1050(8), and .1050(9): Every SCM installed for this project shall be made accessible for maintenance and repair. Please identify the maintenance access routes and easements as well as the utility and drainage easements on the plans, if necessary. Thesc shall have a minimum width of' 10 feet, slopes that do not exceed 3:1, and extend to the nearest public right-of-way. -These easements shall be granted in favor of tl}c party responsible for operating and maintaining the SCMs. State Storrs water Permit No. SW8 040220 Page 2 of 2 Infiltration Systems 20. 15A NCAC 02H .1051 MDC FOR INFILTRATION SYSTEMS (5) DRAW DOWN TIME. It appears that there is an existing spillway at the infiltration basin with elevation of 35.37, below the bottom of the basi►i. Is that going to be removed? If not, it would drain the basin too Cast. Please remember to confirm that any revised information is presented consistently throughout the application dOCnnlents including calculations, supplements, narrative, and plans. Please also remember to provide two hard copies ofany updated documents per 15A NCAC 021-1.1042(2). All of the requested information listed above should be received in this Office by April 14, 2020, or the application will be returned as incomplete. If additional time is needed to submit the requested information, please email your extension request prior to this due date to the email address provided below with a justification and a date of when the requested information will be submitted, which shall be no later than 15 days past the original due (late. Please note that only two letters reque.sthig aciclitional information is crllou'ecl in the State SIlJ1'r1111'C1tL'1' Pl (lgrarrl fiJr cr total of 30 fie i-vs to submit the requested additional iufnrrnalion. If the inf Jr maiion is not salisfcrctorily provided after dither- the second request or 30 days, the project will he returnecl. If the project is returned and you wish to re -submit later, you will need to resubmit all required items at that time, including the application fee. The construction of any impervious surfaces. other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. f you have any questions concerning this matter, please feel free to call me at (910) 796-7215 or email me at Steve[I,PL[Sjy@iicdeiit-.gov. iicdenr.gov. Sincerely, Sty 57, ;P" Steven G. Pusey Environmental Engineer 11 DESlsgp: %StormwaterlPerin its c& 11'rojects120041040220 HD12020 04 addinfo 040220 cc: Garry. Pape, PE, GSP Consulting; via entail: gpape@g,vp-coitsu1ting.enm Wilmington Regional Office Stormwater File STATE OF NORTH CAROLINA, Department of Environmental Quality, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 (910) 796-7215 FILE ACCESS RECORD DEQ SECTION: DEMLR LQINay REVIEW l IM€ /DATE: 10:30-12:00 / 2/14/2020 NAME: Sunmic Wessel 17-MAIL: Su7am1C Wessel <suzwessel ci grnail.com> REPRESENTING: PHONE: 540-421-6105 Guidelines for Access: 'file staff of W ilrnington Regional Oil ice is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carellrlly the tnllowino t'uidelines sib-nin- the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the tiles. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at 4:45pm. Anyone arriyin;:{ without an appointment may view the files to tile extent that time and staff supervision is available. 2. You must specify files You Want to review by facility name. The number of files that you may review at one time will be limited to five. 3. CAMA Ma'or Permits are issued out ofthe Morehead City District Oft -ice. The COMPLETE file is in the Morehead Office and may contain additional information and/or comments which may not be in the WIRO file. 4. You may make copies of file when the copier is nol in use by the staff and iftinie permits. Cost per copy is $.05 cents. Payment may be made by check, money_ carder, or cash at the reception desk. 5. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove. alter. deface, mutilate. or destroy material in one of these files is a misdemeanor for which you can be tined up to $500.00. No briefcases, large totes. etc. are permitted in the file review area. 6. Necessary large plan copies can be scheduled with Cameron.Weavernncdenr.,, ov 919-796-726-5 for a later date/time at an offsite location at your expense. large plan copies needed should be attached on top oftiie file. Allways Graphics can be contacted to set up payment options. Written questions may be left with this completed form and a staff member will be in contact with you IF you provide your contact information where indicated above. 7. In accordance with General Statue 25-3-512. a S25.00 processing fee will be charged and collected for cliecks on which payment has been refused. FACILITY NAME COUNTY 1. The Villages at Plantation Landin 5 i gnat and Name of Firmll3usiness Date MM117D/YY g COPIES MADE _ PAID i;:/ADM/S1mred/Pile Rcvie�� Access Form rcv 2Ulx /d: A Time In INVOICE' New Hanover I Application Completeness Review Checklist (Non -Transfers) - Short Version Project Name: i!_L_A E.S AT P'�-1 AJT f 0 AA) 1)l� Date Delivered to WIRO: l3 j ?oZ� Project County/Location: _/�C [.� A-4A.)0V0f_ f=J7'C9 C_P_rEiC )26A BIMS Received/Accepted Date: / .31 0 Rule(s): 1:12017 Coasta❑2008 Coastal [Al1995 Coastal BIMS Acknowledged Datel:. Phase il Universal M1989 Coastal Permit Action: New Ma}or Mod Minor Mod / Renewal Permit Type: (� LD / LD Overall / HD &LD Combo General Permit / Offsite / Exempt / Rescission Development Type: Commercial / Residential / Other Subdivided?: Subdivision or Single Lot Permittee Type & Documents Needed: Property Owner(s) Purchaser Lessee Viable? Viable? Viable? Deed Purchase Agmt Lease Not Subdivided: Deed ElSubdivision: Common Area Deed New Permit #Z: Existing Permit # S'ta a 6-162-2-6 Expriation Date 3: I I /-z z / Z-0 Z-6 FlOffsite to SW8: ElLot is in Master Permit? F-1PE Cert on File? F'_1HOA F_Teveioper Viable? Viable? Election Minutes Paperwork ®Application © Fee: ®$505 (within 6mo) Check#(s): ez. / 8 C 3 ©Supplement (1 new form or far older forms: 1 original per SCM) EIO&M2 Soils Report (lnfrl or PP) ®Calculations (signed/sealed) Deed Restrictions, if subdivided Project Narrative USGS Map (or on file?) Subject to SA?: Q / N Subject to ORW? Plans (2 Sets) . ®4%PpI a 's RF Certification Electronic Copies Easements, Recorded (2017 Rules) NOTES: IEnter BIMS Acknowledged Date on this Sheet 2For New Projects -Enter New Permit # on Supplements & Deed Restiction Templates. 3if w/in 6 months and they are requesting a mod, STOP. Needs a renewal first. EMAILED ENGINEER DATE: REVIEWER NAME: V c-, a DNo Fee Y / No Comments: 7ae7 oes4 � �2c o ems c �'P r � S +n 74Jd - Ir,�fc, G:wc1\\\Reference Library\Procedures\Checklists\Completeness Review Checklist_2020 0131 Burd, Tina J From: Burd, Tina J Sent: Friday, February 7, 2020 1:17 PM To: sbc)weser@mungo.com; aemills@mungo.com; Garry Pape Subject: SW8 040220 - Villages at Plantation Landing The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Application and $505.00 fee for the subject project on January 31, 2020. The project has been assigned to Steven Pusey and you will be notified if additional lnformation is needed. Please be advised that the construction of built -upon area may not commence until the Stormwater Permit is issued. Best Regards, Tina Burd Administrative Associate II 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Ernaii correspondence to and from this address is subject to the North Carolina Public Recoirfs Law and may be disclosed to third parties. Burd, Tina J From: postmaster@NETORG987821.onmicrosaft.com To: sboweser@ mu ngo.co m Sent: Friday, February 7, 2020 1:17 PM Subject: Undeliverable: SW8 040220 - Villages at Plantation Landing Q Office 365 Your message to sboweser@mungo.com couldn't be delivered. sboweser wasn't found at mungo.com. Tina.Burd Office 365 sboweser Action Required Recipient Unknown To address How to Fix It The address may be misspelled or may not exist. Try one or more of the following: • Send the message again following these steps: In Outlook, open this non -delivery report (NDR) and choose Send Again from the Report ribbon. In Outlook on the web, select this NDR, then select the link "To send this message again, click here." Then delete and retype the entire recipient address. If prompted with an Auto -Complete List suggestion don't select it. After typing the complete address, click Send. • Contact the recipient (by phone, for example) to check that the address exists and is correct. • The recipient may have set up email forwarding to an incorrect address. Ask them to check that any forwarding they've set up is working correctly. • Clear the recipient Auto -Complete List in Outlook or Outlook on the web by following the steps in this article: Fix email. delivery issues for error code 5.1.10 in Office 365, and then send the message again. Retype the entire recipient address before selecting Send. if the problem continues, forward this message to your email admin. If you're an email admin, refer to the More Info for Email Admins section below. _ a_wa-Syr::�.nacinn.rnm ualCau:1.�- - ' r Synovus Bank ** %Qid aver 180 hays ** �► Mungo Homes 1363 Lake Murray Blvd MUNGU 441 Western Lane Irmo, SC 29063 CHECK # 021803 H p M H S i Irmo, SC 29063 DATE 01/21/2020 *********$505.00 rnv Five Hundred Five and 00/100---------------------------------------------------- USD tAt nl'rttk NCDEQ-Division of Water Resources OMER OF — 0�r, Nry ;. Au�i pfr'i.zed Signatures VIJV O`V - . i 11 . s ` GSP CONSULTING 6626 Gordon Road, Unit C WILMINGTON, NORTH CAROLINA, 28411 (910) 442-7870 FAX (910) 799-6659 To: Steve Pusey NC Division of Water Quality 127 Cardinal Drive Ext. Wilmington, NC 284o5 WE ARE SENDING YOU ® Fee Check ❑ Copy of Letter LETTER 00 F IFIN, N S DATE 01/11/20 loa 2o18-o002 ATTENTION PHONE# RE: Villages at Plantation Landing SW8 040220 IAki.,. ❑Attached ❑ Under separate cover via ❑ Permit Applications ® Plans ® Calculations ❑ Change order ❑ Diskette ❑ the following items: ❑ Specifications COPIES DESCRIPTION 2 Sets of plans & calculations for state stormwater permit 2 Stormwater Management Permit Application Forms (one original, one copy) 1 Infiltration Basin Supplement 1 Application fee for $505.00 for conventional review THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR SIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: COPYTO: File SIGNED: - Garry S. Pape, P.E. If enclosures are not as noted, kindly notify us at once. DEMLR USE ONLY Date ecei ed Fee Paid Permit Number 0 0 [ g U Applicable Ru es: 1 ❑ Coastal SW -1995 ❑ Coastal SW - 2008 ❑ Ph II - Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Stormwater Management Plan ❑ Other WQ M mt Plan: State of North Carolina clof� Department of Environment and Natural Resources ICE RVE Division of Energy, Mineral and Land ResourcesP� JAN 3 12021 STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original U I I. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Villages at Plantation Landing 2. Location of Project (street address): 8740 Market Street City:Wilmington County:New Hanover Zip28411 3. Directions to project (from nearest major intersection): Athe the intersection of Futch Creek Road and Plantation Landing Road 4. Latitude:34° 18' 32" N Longitude:77° 46' 41" W of the maim entrance to the project. IL PERMIT INFORMATION: 1. a. Specify whether project is (check one): ❑New ®Modification ❑ Renewal w/ Modificationt tReneevals with modifications also requires SWU-102 - Renezoal Application Form b. If this application is being submitted as the result of a modification to an existing permit, list the existing permit numberSW8 040220 , its issue date (if known)April 16, 2019 and the status of construction: ❑Not Started ®Partially Completed* ❑ Completed* *prauide a designer's certification 2. Specify the type of project (check one): ❑Low Density ®High Density ❑Drains to an Offsite Stormwater System []Other 3. If this application is being submitted as the result of a previously returned application or a letter from DEMLR requesting a state Stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑LAMA Major ®Sedimentation/Erosion Control: 8.75 ac of Disturbed Area ❑NPDES Industrial Stormwater ❑404/401 Permit. Proposed Impacts b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit: 5. Is the project located within 5 miles of a public airport? ®No ❑Yes If yes, see S.L. 2012-200, Part VI: http://portal.ncdenr.org(webllr/rules-and-regulations Form SWU-101 Version Oct. 31, 2013 Page] of 6 III. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the ro'ect): Applicant/ Organization: Cla on Pro erties Group, Inc Signing Official & Title: Scott Bowser Assistant SecretaKy b. Contact information for person listed in item 1a above: Street Address:211 Racine Drive, Suite 101 City: Wilmington State:NC Zip:28403 Mailing Address (if applicable):211 Racine Drive Suite 101 City:Wilmington _ _ .._ State:NC Zip:28403 Phone: 910 409-0211 Fax: ( Email:sboweser®mungo.com PIease check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organization: Signing Official & Title: . b. Contact information for person listed in item 2a above: Street Address: City: Mailing Address (if applicable): City: Phone: ) Email: State: Zip: State: Fax: Zip: 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/Organization:And MiUs PE Clayton Properties Grou Inc. Signing Official & Title:A thony Mills Assistant Secretary b. Contact information for person listed in item 3a above: Mailing Address:211 Racine Drive, Suite 101 City: Wilmington State:NC Zip:28403 Phone: (910 _1_530-4300 Fax: Email:aemills®mungo.com 4. Local jurisdiction for building permits: New Hanover Count +�_ Point of Contact Phone #: JAN 3 1 2020 Form SWU-101 Version Oct. 31, 2013 Page 2 of 8Y: IV. PROJECT INFORMATION 1. In the space provided below, hELefly summarize how the stormwater runoff will be treated. The storm water for this project will be treated by an existing infiltration basin _ 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development PIan or PUD Approval Date: Valid Building Permit Issued Date: Other: Date: b. If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW -1995 ❑ Ph II - Post Construction 3. Stormwater runoff from this project drains to the Cape Fear River basin. 4. TotaI Property Area: 8.05 acres 5. Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) - Total Surface Water Area (6) = Total Project Area+:8.05 acres + Total project area shall be calculated to exclude the following the normal poor of impounded structures, the area between the banks of streams and rivers, the area below the Normal High Water (NHM line or Mean High Water (MHW) line, and coastal wetlands landward from the NHW (or MHM line. The resultant project area is used to calculate overall percent built upon area (B I.IA). Non -coastal wetlands landward of the NHW (or MHW) line may be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 62.1 % 9. How many drainage areas does the project have?l (For high densihj, count T for each proposed engineered stormwater BMP. For low densihj and other projects, use 1 for the whole properhj area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area 1 T Drainage Area _ Draina e Area _ Drainage Area _ Receiving Stream Name UT to Futch Creek Stream Class * SA Stream Index Number * 18-87-19 Total Drainage Area (sf) 306,747 On -site Drainage Area (sf) 272,439 Off -site Drainage Area (so 34,308 Proposed Impervious Area** (so 200,027 Impervious Area**_(total 65.2 Im ervious" Surface Area Drainage Area I Drainage Area _ Drainage Area _ Drainage Area _ On -site Buildings/Lots (so 87,530 On -site Streets (sf) 28,153 On -site Parking (sf) 27,205 On -site Sidewalks (sf) 11,179 Other on -site (so Future (so 25,731 Off -site (so Existing BUA*** (so 20,229 Total (sf): 200,027 * Stream Class and Index Number can be determined at: ht orfal.ncrlenr.or web valps csu classifications Im ervious area is defined as the built upon area including, but not limited to, buildings, roads, sidewalks, gravel areas, etc. JAN 3 1 2020 t Form SWU-101 Version Oct. 31, 2013 Page 3 of 6 BY:� 'Report only that amount of existing BUA that will renrain after developmeirt. Do not report any existing BUA that is to be removed and which will be replaced by new BUA. 11. How was the off -site impervious area listed above determined? Provide documentation. Offsite Drainage Area and BUA is for Future Development Parcel Proiects in Union Countv: Contact DBILR Central Office staff to check if the pr(yoct is located ;vilhin a 7hreatened & Endangered Species watershed that may he ,vubject to more stringent .stormivater requirements as per 15,4 XC,4C 01B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&.M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from http://12ortal.ncdenr.org/web/wq/",s/su/bmg-manual. VL SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from http:/J12ort,il.ncdenr.org/web/wq/ws/su/statesw/forms_docs. The complete application package should be submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the interactive online map at bitp.//12ortii.iicLieiir.org/web/"wq/"`ws/suZrnaps.) Please indicate that the.followiniz required information have been provided by initialing in the space provided for each item. All original documents MUST' be signed and initialed in blue ink. Download the latest versions for each submitted application package from h ortal.ncdenr.or web w[ ws/su statesw forms dots. lni is 1. Original and one copy of the Stormwater Management Permit Application Form, 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part V11 belrm) n 3. Original of the applicable Supplement Form(s) (sealed, signed and elated) and O&M �J agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to hft://www.envhelp.OTJZ/j2aste.s/one.stopex for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/ management fpt 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the T� receiving stream drains to class SA waters within th mile of the site boundary, include the 1/2 mile radius on the map. 7. Sealed, signed and dated calculations (one copy). 8. Two sets of plans folded to 8.5" x la" (sealed, signed, & dated), including: jk;$� a. Development/Project name. b. Engineer and firm. c. Location map with named streets and NCSR numbers. EC P'VE d. Legend. e. North arrow. f. Scale. ppP, 2 3 K g. Revision number and elates. h, identify all surface waters on the plans by delineating the normal pool elevation o ftl impounded structures, the banks of streams and rivers, the VIHW or NHW line of ti al waters, and any coastal wetlands landward of the 1v1HW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or IVHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished Floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). Form SWU-101 Version Oct. 31,2013 Page 4 of6 p. Vegetated buffers (where required). 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"xl I" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (infiltration Devices submitted to WiRO: Schedule a site visit for DEMLR to uercfil the SHWT' prior to submittal, (910) 796-7378.) l} 10. A copy of the most current property deed. Deed book: 6182 Page No: 1I25 11. For corporations and limited liability corporations (I.LC): Provide documentation from the NCtj Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item la, 2a, and/or 3a per 15A NCAC 21-1.1003(e). The corporation or LLC must be listed as an active corporation in good standing with the NC Secretary of State, otherwise the application will be returned, http://www.secretary.state.nc.us/Corporatio.ns/CSearch.aspx VI1. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BIJA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form, The appropriate deed restrictions and protective covenants forms can be downloaded from http://portal.ncdenr.org/web/IrlstatL- stortnwater-for-ms does. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DEMLR, and that they will be recorded prior to the sale of any Iot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting 1 ngineer:Garr S. PaRe, P.E. , Consulting Firm: GSP Consulting,PLLC Mailing Address:6626-C Gordon Road Er h L a ZULU City: Wilmington Phone: (91.0 ) 412-7870 Email : gpa peQ5zs p-consu 1 ti ng_co m State:NC Zip:28-bY: Fax: (910, ) 799-6659 _ IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, itean 2 has been filled out, complete this section) 1, (print or type name of person listed in Contact Information, item 2a) , certify that I own the property identified in this permit application, and thus give permission to (print or h,/pe nrarne of person listed in Contact Information, itein 1a) with (print or type name of organization listed in Contact Information, item la) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. Form SWU-101 Version Oct. 31, 2013 Page 5 ol'6 As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DEMLR Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DEMLR immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature: Date: I, a Notary Public for the State of , County of do hereby certify that personally appeared before me this day of and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission expires X. APPLICANT'S CERTIFICATION I, (print or hjpe name of person listed in Contact Information, item 1a) s4 "f� 2- tiJ owS �Z certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater rule under 15A NCAC 21-1.1000 and any other applicable state stormwater requirements. Signature: Date: / l z e' f Z o z o -- ----- I, YA vk- T. r 'V'. , a Notary Public for the State of SauA OMo�AwQ , County of do hereby certify that S Cc* 60%A*" personally appeared before me this Z11%y of _ZOLIU , and acknowl dge t due execution of the application for a stormwater permit. Witness my hand and official seal,-"` 4JkRy SEAL My commission expires 115 iJ ECE6i/E JAN 31 2020 U 6Y: Form SWU-101 Version Oct. 31, 2013 Page 6 of 6 0 . y 1 ' r YqA ro h a Jouq ._ "Tuo Pusey, Steven From: Pusey, Steven Sent: Wednesday, December 11, 2019 11:06 AM To: Garry Pape Cc: Tammy Spivey (tammy@trasklandco.com); Andy E Mills (aemills@mungo.com) Subject: RE: [External] FW: Villages at Plantation Landing - SW8 040220 Yes, I discussed this with coworkers here and no one has permitted this type of BMP. I also looked online (reference Maryland design manual) and found that this BMP does exist, but the design parameters require the following: "The bottom of the basin should be 4 feet higher than the seasonal high water table." As this would not be possible in your case, that rules out this option. Regards, Stets 5 ,N,ny Steve Pusey, El Environmental Engineer 11 Division of Energy, Mineral and Land Resources — State Stormwater Department of Environmental Quality 910 796 7215 office 910 796 7334 direct steven.Dusevl@ncdenr.eov 127 Cardinal Drive Ext. Wilmington, NC 28405 Energy. Mineral and Lund Rewurcrs inrrrow..aw+.� w•�a. Email correspondence to and from this address is subject to the North Carolina Public Records Low and may be disclosed to third parties. Before printing this email, please consider your budget and the environment. From: Garry Pape <gpape@gsp-consulting.com> Sent: Wednesday, December 11, 2019 10:46 AM To: Pusey, Steven <steven.pusey@ncdenr.gov> Cc: Tammy Spivey (tammy@trasklandco.com) <tammy@trasklandco.com>; Andy E Mills (aemills@mungo.com) <aemills@mungo.com> Subject: RE: [External] FW: Villages at Plantation Landing - SW8 040220 Steve, Checking in with you to see if you have had the opportunity to get some clarification on the items we discussed in our meeting last week? Thanks. - Garry From: Pusey, Steven [mailto:steven.puseyCabncdenr.govI Sent: Friday, November 22, 2019 11:25 AM To: Garry Pape Cc: Tammy Spivey (tam my@trasklandco.com); Andy E Mills (aemills@)mungo.com) Subject: RE: [External] FW: Villages at Plantation Landing - SW8 040220 Okay. I'll put it on my calendar. Steve From: Garry Pape < a e s -consultin .com> Sent: Friday, November 22, 2019 11:22 AM To: Pusey, Steven <steyen.pusey@ncdenr.goy> Cc: Tammy Spivey (tammy@trasklandco.com) <tammy@tras_klandco.com>; Andy E Mills (aemills @mun og corn) <aemills@mungo.com> Subject: RE: [External] FW: Villages at Plantation Landing - SW8 040220 That should work. Thanks From: Pusey, Steven [mailto:steven. use ncdenr. ov] Sent: Friday, November 22, 2019 11:20 AM To: Garry Pape Subject: RE [External] FW: Villages at Plantation Landing - SW8 040220 Sure, how about 9 am? Steve From: Garry Pape < a e s -consultin .com> Sent: Friday, November 22, 2019 11:19 AM To: Pusey, Steven <steven.pusey ncdenr.gov> Cc: Tammy Spivey (tammy2trasklandco.com) <tammy@trasklandco.com>; Andy E Mills (aemills@mungo.com) <aemills@mungo.com> Subject: RE: [External] FW: Villages at Plantation Landing - SW8 040220 Can you do earlier then 10 on 12/5? From: Pusey, Steven [mailto:steven.pusey(d)ncdenr.govI Sent: Friday, November 22, 2019 11:05 AM To: Garry Pape Subject: RE: [External] FW: Villages at Plantation Landing - SW8 040220 Okay, that's fine but I can't do 8 am. How about Dec. 5 at 10 am? Steve From: Garry Pape <gpape@gsp-consulting.com> Sent: Friday, November 22, 2019 11:01 AM To: Pusey, Steven <steven.pusey@ncdenr.gov> Cc: Tammy Spivey (tam m trasklandco.com) <tammv@trasklandco.com>; Andy E Mills (aemills@mungo.com) <aemills@mungo.com> Subject: RE: [External] FW: Villages at Plantation Landing - SW8 040220 • External email. Do not stick links or open attachments unless you verify. Send all suspicious ernail as an attachment to No, just talked to Georgette and she said that Kelly was super backed up so I contacted you. From: Pusey, Steven[mailto:steven.pusey(ancdenr.gov] Sent: Friday, November 22, 2019 10:59 AM To: Garry Pape Cc: Tammy Spivey (tammy@trasklandco.com); Andy E Mills (aemills@mungo.com) Subject: RE: [External] FW: Villages at Plantation Landing - SW8 040220 Garry, I just noticed that Kelly Johnson did an inspection and sent a letter out on September 30, 2019. Have you talked with her any about this project? Steve From: Garry Pape < a e s-consultin .com> Sent: Friday, November 22, 2019 10:52 AM To: Pusey, Steven <steven.pusey@ncdenr.gov> Cc: Tammy Spivey (tammy@trasklandco.com) <tamm trasklandco.com>; Andy E Mills (aemills@mungo.com) <aemills mun o.com> Subject: RE: [External] FW: Villages at Plantation Landing - SW8 040220 Steve, Can we do 8:00 on 12/3? From: Garry Pape Sent: Friday, November 22, 2019 10:43 AM To: 'Pusey, Steven' Cc: Tammy Spivey (tammy@trasklandco.com); Andy E Mills (aemills(cbmungo.com) Subject: RE: [External] FW: Villages at Plantation Landing - SW8 040220 Ok, let's set it up for then. Will let you know if anything changes. Thanks. — Garry Garry5. Pape, P.E. GSP CONSULTING, PLLC 6626-C Gordon Road Wilmington, North Carolina 28411 Mobile: 910-442-7870 Fax:910-799-6659 gpape(a) sp-consuItin�,.eom From: Pusey, Steven[mailto:steven.pusey(c�ncdenr.gov] Sent: Friday, November 22, 2019 9:59 AM To: Garry Pape Subject: RE: [External] FW: villages at Plantation Landing - SW8 040220 Pretty backed up on projects right now. How about meeting after Thanksgiving, say Tuesday, December 3 at 10 am? Steve Puse , Steven From: Garry Pape <gpape@gsp-consulting.com> Sent: Friday, November 22, 2019 6:52 AM To: Pusey, Steven Subject: FW: [External] FW: Villages at Plantation Landing - SW8 040220 Steve, I am working on the above referenced project that was reviewed by Linda, Georgette said to get in touch with you as the developer and I would like to have a meeting to discuss a revision to this project. Please let me know when you have some time to meet. Thanks. - Garry From: Scott, Georgette [ma iIto: georgette.scott@ncdenr.gov] Sent: Thursday, November 21, 2019 4:10 PM To: Garry Pape Subject: RE: [External] FW: Villages at Plantation Landing - SW8 040220 You can talk to any of my staff. Kelly has taken Linda's position but she is really swamped so I would recommend you call either Steve or Garrett. Steve: 910-796-7334 OR Garrett: 910-796-7345 Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 Georgette. Scott(ancdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Garry Pape [mailto:gpape@gsp-consulting.com] Sent: Thursday, November 21, 2019 3:07 PM To: Scott, Georgette <georgette.scott@ncdenr.gov> Subject: [External] FW: Villages at Plantation Landing - SW8 040220 Georgette, am working on the above referenced project that was reviewed by Linda. Now that she is not there anymore who should I get in touch with about a meeting to discuss a revision? Thanks. — Garry From: Garry Pape Sent: Monday, November 11, 2019 4:52 PM To: Iinda.lewisCcIncdenr.gov Subject: Villages at Plantation landing Linda, Andy Mills, Tammy Spivey and myself would like to meet with you sometime in the next day or so to go over a possible revision for this project. Please let me know when you might have some time to meet with us. Thanks. - Garry Garry S. Pope, P.E. GSP CONSULTING, PLLC 6626-C Gordon Road Wilmington, North Carolina 28411 Mobile: 910-442-7870 Fax:910-799-6659 _oape we-sp-consulting corn ...- STATE Or NORTH CAROLINA Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910) 796-7215 FILE ACCESS RECORD DEQ SECTION: REVMW 1DvM / DATE: NAME: �' S EMAIL: REPRESENTING: PHONE: Guidelines for Access: The staff of Wilmington Regional Office is dedicated to [Waiting public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: I. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9 00am and 100pm. Viewing time ends at 4:45pm. An one arrivin without an appointment ma view the files to the extent that time and staff supervision is available. 2. You must specify files you want to review by facility name. The number of files that you may review at one time will be (united to five, 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is FILES MUST BE KEPT LN ORDER YOU FOUND THEM. Piles may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases large totes, etc. are permitted in the file review area. 5.. Necessary large plan copies can be scheduled with Carraeron,Weaver@nederar.gov_ 919-796-7475 for a later date/time at an offsite location at your expense. Large plan copies needed should be attached on top of the file. Allways Graphics can be contacted to set up payment options. WritEeti Questions may be left with this completed form aztel a.staff member .-Will' be in ciin€act with you-. IF you provide your contact is .0ring - 0i14b6re izidicated above: 6. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME COUNTY 3. Signature and Name of 1~irmBusiaess Date Time In Time Out COPIES NLkDE . PAID NVOICE GJ.4DM/Shared/File Review .6,ccess Form rev 2018 Johnson, Kelly From: Johnson, Kelly Sent: Tuesday, October 1, 2019 1 1:17 AM To: suzwessel@gmail.com Cc: Lyles, Melissa Subject: The Villages at Plantation Landing - State Stormwater (SW8 040220) Attachments: Villages at Plantation Landing.pdf Ms. Wessel, Thanks for calling recently to report your concerns about this project. During the inspection process we learned that some of the issues you had identified were already underway to be addressed through Erosion and Sediment Control with New Hanover County. But, I have written the permittee the enclosed letter so that he is aware to verify various elevations and interferences with utilities. Though the site is still under construction, the intention is to get the project to match the plans by the completion of the project. Thanks, Kelly I'/eauiok tiSOVL Kelly Johnson Environmental Engineer NC Division of Energy, Mineral and Land Resources Stormwater Permitting 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: 910.796.7331 E-mail correspondence to and from this address moy be subject to the North Carolina Public Records Law and may be disclosed to third parties. f ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Interim Director April 16, 2019 NORTH CAROLINA Environmental Quality Clayton Properties Group, Inc. Attn: Mike Rutherford, President PO Box 4098 Maryville, TN 37801 Subject: Permit Renewal / Permit Transfer/ Approved Minor Modification Stormwater Permit No. SW8 040220 The Villages at Plantation Landing New Hanover County Dear Mr. Rutherford: Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water Quality (DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this modified permit references DEMLR as the Division responsible for issuance of the permit. Please also note that this revised and updated permit does not impose new or different terms or conditions; it merely restates and clarifies some of those terms and conditions to provide you with a better understanding of your obligations under the permit. On November 2, 2018, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources received a package of multiple applications for the renewal, transfer and modification of the subject stormwater management permit. On November 2, 2018, the Division accepted the request to renew the subject permit, and on December 5, 2018, the Division renewed permit SW8 040220. On December 6, 2018, the Division accepted the request to transfer the renewed permit and on December 17, 2018, the Division transferred the permit from Futch Creek Properties, LLC, to Clayton Properties Group, Inc. On December 21, 2018 the Division accepted a modified permit application from Clayton Properties Group, Inc. for minor changes to the approved development plans for Stormwater Management Permit Number SW8 040220. These minor changes are detailed on Attachment C to this permit. It has been determined that the nature of the proposed changes meets the definition of a minor modification in that it does not result in an increase in the size of the permitted stormwater control measure (SCM) and does not increase the amount of built -upon area. We are forwarding you an approved copy of the modified plans for your files. Please replace all the old approved plan sheets with the new ones. Please replace the previously issued permit and permit documents with the transferred, modified, and renewed permit dated April 16, 2019, and revised permit documents, attached. This permit shall be effective from the date of issuance until November 22. 2026, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, certification of the BMP's, and the procedures for changing ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record any required deed restrictions, to certify the BMP's, to transfer the permit, or to renew the permit, will result in future compliance problems. QA North Carolina Department of Environmental Qualily I Division of Energy, Mineral and land Resources �� 10" Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 Noun, cna.mU 910.796,7215 State Stoj-matter Permit'No. S%VS O40220 Page 2 of 2 Please be aware that the approval of this minor modification to the subject State Stormwaler Permit is done on a case -by -case basis. Any other changes to this project must be approved through this Office prior to construction. The approval of this minor modification does not preclude the permittee from complying with all other applicable statutes, rules, regulations or ordinances which may have jurisdiction over the proposed activity and obtaining a permit or approval prior to construction. If you have any questions concerning this matter, please do not hesitate to call Linda Lewis in the Wilmington Regional Office at (910) 796-7215 or via email �t linda.lewis@ncdenr.gov. Sincer� Iy, F- S. Daniel Si ith, Interim Director Division of Energy, Mineral and Land Resources Enclosures: Transfer Application Renewal Application Compliance Inspection Report Permit, Supplement Forms, and O&M Agreements Attachment A - Certification Documents Attachment C - Permitting History GDS\arl: G:\\\Stormwater\Permits & Projects\2004\040220 HD\2019 04 permit minor 040220 cc: Leon O'Rourke, Authorized Signatory, 2521 Schiefielin Road, Suite 1:L6, Apex NC 27502 Carry Pape, PE, GSP Consulting PLLC New Hanover County Building Safety Department New Hanover County Engineering Wilmington Regional Office Stormwaler file State Stormwater Management Systems Permit No. SW8 040220 DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended; and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Clayton- Properties Group, lnc. The Villages at Plantation Landing Parcel 1D R02900-003-097-000 Plantation Landing Road; New Hanover County FOR THE construction, operation and maintenance of one (1) infiltration basin discharging to SA classified waters in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwaterrules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral and Land Resources (DEMLR or Division) and considered an enforceable part of this permit. This permit shall be effective from the date of issuance until November 22, 2026, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This infiltration basin stormwater control measure (SCM) has been approved for the management of stormwater runoff as described in Section 1.6 of this permit. The SCM has been designed to treat the runoff from 217,800 sf of built -upon area which includes 138,057 sf of currently proposed BUA; 20,229 sf of existing BUA (Plantation Landing Drive), and 59,514 sf of Future BUA. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. This infiltration basin must be operated with a 50-foot vegetated filter. 5. All components of the stormwater runoff collection and treatment system must be located in either public rights -of -way, dedicated common areas and/or recorded drainage easements. The final plats for the project will be recorded showing all such required rights -of -way, common areas and easements, in accordance with the approved plans. Page 1 of 4 State Stormwater Management Systems Permit No. SW8 040220 9 The following design elements have been permitted for this infiltration basin stormwater control measure and must be provided in the system at all times. a. Drainage Area, acres: 8.05 Onsite, ft2: 350,658 Offs ite, ft2: 0 b. Total Impervious Surfaces, ft2: 217.800 Buildings, ft2: 71,520 Street, ft2: 28,153 Parking, ft2: 27,205 Sidewalks, ft2: 11,179 Future, ft2: 59,514 Existing, ft2: 20,229 Offsite, ft2: 0 C. Basin Depth; feet: 1.55 (18.5 inches) d. Design Storm, inches: 1.5 e. Bottom Elevation, FMSL: 37.0 f Permitted Surface Area @Bottom: ft2: 17,838 g Permitted Storage Volume, W: 28,276 h. Storage/Bypass Elevation; FMSL: 38.55 i Type of Soil: Sand j. Expected Infiltration Rate, Whir: 14 k. Time to Draw Down, hours: 1.2 m. Receiving Stream / River Basin: Futch Creek 1 CPF24 n. Stream Index Number: 18-87-19 o. Classification of Water Body: "SA" a4Y_1,41NA The permittee shall construct, operate and maintain the built -upon areas and the stormwater control measures associated with the project, in accordance with the permit and the approved plans and specs on file with the Division and incorporated herein as an enforceable part of this permit. 2. The permittee shall not fill in, alter, remove, relocate; redirect or regrade any of the runoff conveyances shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division prior to construction. 3. The permittee is responsible for maintaining compliance with the permitted maximum built -upon area for the project. 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Redesign or addition to the approved amount of built -upon area. C. Further subdivision acquisition, or sale of all or part of the project area as reported on the application. d. Any changes to the final grading of the site. e. Filling in, altering, piping, removing, relocating, redirecting or regrading of any runoff conveyances shown on the approved plan. f. The construction of any areas of #57 stone, permeable pavement or landscape materials, for BUA credit, not already shown on the approved plans. g. Any other revision as determined by the Director that should require a modification to the permit. Page 2 of 4 1/� State Stormwater Management Systems Permit No. SW8 040220 5. The approved stormwater conveyance and control measures shall be entirely constructed; vegetated, and operational for their permitted use prior to the construction of any built -upon surface associated with the project. 6. During construction of the project, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. Infiltration systems should not be used as erosion control devices, due to the potential for clogging. If the stormwater system is used as an Erosion Control device; it must be restored to design condition prior to operation as a stormwater treatment device. 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the most recent approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification as shown in Attachment A to this permit. 8. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater conveyance and control measures function at design condition. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals as specified in the O&M documents which are incorporated by reference into this permit and are an enforceable part of this permit. 9. The permittee shall keep records of maintenance activities and shall keep those records in a known, set location, and shall make them available upon request to authorized personnel of DEQ. The records will indicate the date, activity, name of person performing the work, a description of the issue(s), and the actions that were taken to resolve the issue(s). 10. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 12. Prior transfer of the permit, the stormwater facilities will be inspected by DEQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 13. Built upon area is as defined in NCGS 143-214.7, III. GENERAL CONDITIONS Any person or entity found to be in noncompliance with the provisions of a stormwater management permit or the requirements of the stormwater rules is subject to enforcement action in accordance with NCGS 143, Article 21. Page 3 of 4 State Stormwater Management Systems Permit No. SW8 040220 2. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 3. This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants; b. The assignment or conveyance of declarant rights to another individual or entity; c. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143- 214.7(c2); d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07 and 08; e. Bankruptcy, f. Foreclosure, subject to the requirements of Session Law 2013-121; 4. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 5. In the event that the facilities fail to perform satisfactorily, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any permit conditions. 7. Permittee grants permission to staff of the DEQ to access the property during normal business hours for the purposes of inspecting the stormwater facilities, 8. The permittee shall submit a permit renewal application to the Division no more than 180 days prior to the expiration date of this permit. The application shall be accompanied by the required processing fee and any supporting documents. 9. The permittee shall maintain a copy of the approved plans and specifications on file with this permit in a known, set location. Permit updated, renewed, transferred and modified this the 1611 day of April 2019. . NORTH CAROLINA ENVIRONMENTAL_ MANAGEMENT COMMISSION �- e - ow - Daniel S ith, Interim erector Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 4 of 4 GSF CONSULTING 6626 Gordon Road, Unit C WILMINGTON, NORTH CAROLINA, 28411 (910) 442-7870 FAX (910) 799-6659 To: Linda Lewis NC Division of Water Quality 127 Cardinal Drive Ext. Wilminglon, NC 28 0 LETTER OF TIMAWN I1IITT�IL DATE 0 /1 /1 IosNo. 2o18-0002 ATTENT10N PHONE # RE' Villages at Plantation Landing SW8 040220 WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ❑ Fee Check ❑ Permit Applications ❑ Plans ❑ Calculations ❑ Copy of Letter ❑ Change order ❑ Diskette ❑ the following items: ❑ Specifications COPIES DESCRIPTION z Copies of Sheets C-$.3 Drainage Plan & C-9 NCDEQ Stormwater Details _ E C E i V E APP 4 n - . . w I?TP THESE ARE TRANSMITTED as checked below- ® For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: COPYTO: Fle SIGNED: - Garry S. Pape, P.E. If enclosures are not as noted, kindlynotify us at once. Lewis.Linda From: Lewis,Linda Sent: Friday, April 12, 2019 10:39 AM To: Garry Pape Cc: Tammy Spivey Subject: SW8 040220 Plantation Landing Thank you both again for meeting with me to explain the drainage. It's much clearer to me now, and I really.appreciate your time. To recap, this is what we discussed: 1. Label the Special Junction Box on the plan. 2. Update the elevations on the old details to match NAVD 88. 3. Add a grated inlet to the Special Junction Box to address the swale drainage from Buildings 9- 20, 4. Add contours and additional final spot elevations which show how the site will be final graded. 5. Provide a detail of the Manhole to be modified with the new pipe inverts. 6. Note on the plans that all roof drainage is to be collected and directed in such a manner to drain into the infiltration basin via the existing piping / inlets. The permit is drafted and I will review the revised plans as quickly as possible after they are received. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis@ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 -_r-�'Nothing Compares. -,,- Email correspondence to and from this address is sob1ect to the North Carolina Public Records Law and may be disclosed to third parties. Lewis,Linda From: Le%vis,Linda Sent: Wednesday, April 10, 2019 6:20 PM To: Garry Pape; Tammy Spivey Subject: RE: [External] RE: SW8 040220 Villages at Plantation Landing Garry: I'm even more confused now about the grading plan. There is still too much overlapping, obliterated and incomplete information to understand how this works. 1. The original purpose of the "Special Junction Box" was to split the flow between the 2 sides of the infiltration basin and then bypass the excess design storm to the County pond. The basin was partitioned with a sheet pile wall and .the flow was split up to keep the individual drainage below 5 acres. This box is not labeled on the drainage plan, but it appears to be the same box that you are proposing to modify. If you are keeping the Special Junction Box, please label it as such on the plans. 2. 1 don't understand what you propose to do about the change in vertical datum. The note on the plan says "All elevations shown on details from previously approved plans... Elevations from this revision are based on NAVD 88. Refer to revised plans for revised elevations." The point of having details is to provide the necessary "detailed" information to construct AND for the Division to determine compliance with, including elevations. I can't approve a mix of NAVD 29 and NAVD 88 elevations across the permit documents, approved plans and details. They all have to be changed to reference one or the other. 3. The runoff from the Private Driveway is directed into 2 flumes which drain into swales. I'm not sure what happens to these swales or how or where they enter the infiltration system. Please provide the necessary details (including a swale detail showing a 3:1 side slope or flatter, and centerline swale elevations) to show how that works. 4. Please note that you cannot just allow swales to directly enter the infiltration basin. You have. to direct all runoff such that it drains into the infiltration basin via the piping that will allow it to enter the basin via the bypass structure. If you want to keep the current proposal to allow the swale to directly enter the infiltration basin, then you will need to modify this basin to meet the 2017 rules. Additional slope armoring may be needed to deal with the flow such that it does not erode the basin. Since the project is within '/z mile of SA waters, the 2017 design storm is pre/post 1 year 24 hour. 5. You really should number all of the manholes. It helps when trying to explain what is happening with the drainage. 6. Please provide a detail of how and why you are modifying the "existing manhole", i.e., the special junction box, to separate the water flow from inlets EX4 and EX8. 7. Are there any swales to be graded between 1 behind Units 39-48? 8. Please note on the plans that all roof drains are to be directed in such a manner that runoff drains into the collection system. Perhaps we need to sit down and you can explain to me what is happening with the drainage. Please address these questions by May 10, 2019. Linda From: Garry Pape <gpape@gsp-consulting.com> Sent: Wednesday, April 10, 2019 2:03 PM To: Lewis,Linda <linda.lewis@ncdenr.gov>; Tammy Spivey <tammy@trasklandco.com> Subject: RE: [External] RE: SW8 040220 Villages at Plantation Landing a External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to reoort.spam@nc.goy Linda, Just checking on the status of this project? Thanks. - Garry From: Lewis,Linda [mailto:linda.lewis ncdenr. av] Sent: Friday, April 05, 2019 8:36 AM To: Garry Pape; Tammy Spivey Subject: RE: [External] RE: SW8 040220 Villages at Plantation Landing I wasn't able to get to it yesterday. I had a lot of unexpected things come up that kept me from completing the review. I'll do the best I can. Linda From: Garry Pape <gpape@gsp-consulting.com> Sent: Friday, April 05, 2019 8:14 AM To: Lewis,Linda <linda.lewis@ncdenr.gov>, Tammy Spivey <tammy@trasklandco.cdm> Subject: RE: [External] RE: SW8 040220 Villages at Plantation Landing =m6bnc.gov External email. Do ntit click links'or open attachments unless you verify" Send all suspicious er.i. as an attachment t9' Linda, Just checking on the status of this project? Thanks. - Garry From: Lewis,Linda[mailto:linda.lewis(&ncdenr.gov] Sent: Wednesday, April 03, 2019 5:20 PM To: Tammy Spivey; Garry Pape Subject: Re: [External] RE: SW8 040220 Villages at Plantation Landing The information was received on February 28. 1 should be able to get to it tomorrow. Linda From: Tammy Spivey <tammy@trasklandco.com> Sent: Wednesday, April 3, 2019 3:53:32 PM 0 2 To: Lcwis,Linda; Garry Pape Subject: RE: [External] RE: SW8 040220 Villages at Plantation Landing o External email. Do not click links or open attachments unless you,verify. Send. all suspicious email.as an attachment to re ort.s am nc. ov Hi Linda, Will you please let us know status of this permit? Thank you, Tammy From: Lewis,Linda <iinda.lewis@ncden_r_., ov> Sent: Monday, February 18, 2019 8:44 AM To: Garry Pape < a e s-consultin .com> Cc: lorourke@mungo,com; Tammy Spivey <tammy@trasklandco.com> Subject: RE: [External] RE: SW8 040220 Villages at Plantation Landing Please address that issue in the narrative, if you have not already done so. Thanks, Linda From: Garry Pape <gpape@gsp-consulting.com> Sent: Friday, February 15, 2019 12:43 PM To: Lewis,Linda <linda.lewis@ncdenr,gov> Cc: lorourke@mungo.com; Tammy Spivey <tammy@trasklandco.com> Subject: [External] RE: SW8 040220 Villages at Plantation Landing e External email Do not click��htnks ar opeFi attachments unless you venfy, Send al! susp�cious.emaEi as an attachment to . report' arri n[ Lit Linda, In response to Item #t6, we are not lowering the system. The previous design was based off of a different Vertical Datum which is why the elevation is different. All of my design was based off a new survey and when comparing the previous survey data with the new survey data all the elevations correspond to this +/-16" difference. How would you like for me to address this? - Garry From: Lewis,Linda [ma !Ito:linda.lewis@ncdenr.gov] Sent: Friday, February 15, 2019 12:33 PM To: Garry Pape Cc: lorourke@mungo.com; Tammy Spivey Subject: SW8 040220 Villages at Plantation Landing I am reviewing the subject modified application received on December 21, 2018 and have the following comments: 3 1.' The grading plan is extremely busy and confusing to the point that I cannot get any information out of it. I suggest that the existing tree locations and descriptions and the tree removal "X's': be removed from the grading plan since tree removal is already documented on the existing conditions plan. Also, please remove the individual structure drainage area lines and designations from the grading plan and put them on a separate plan sheet. However; for state stormwater purposes, we only need the one large drainage area that drains to the proposed infiltration basin. 2. Please explain why a new structure "EX3" has been added, instead of using the existing "Special Junction Box". 3. If you will continue with the EX3 structure, please add a detail to the plans with all relevant elevations. Since you have a new pipe leaving this structure into the basin, it must function as a bypass, similar to the existing Special Junction Box, A bypass is required under the rules that were in effect at the time the original permit was issued. 4. Please add all of the previously approved and unchanged details for the project to the new plans, including the vegetated filter, infiltration basin dimensions, the sheetpile vinyl wall, the Special Junction Box and the outlet box from the state's infiltration basin into the County's pond. 5. The detail for the structure leaving the County pond into the vegetated filter has been altered from it's original top elevation. Have you obtained County approval for this change? 6. It appears that you are lowering the SHV T elevation from 36.35 to 35 with a corresponding lowering of the bottom elevation from 38.35 to 37.0. Based on the recent years of higher than average rainfall, it's more likely that the SHV T has increased. You appear to be using the original 2003 soils information to make this determination. Have you conducted a follow-up soil investigation to support the new SHWT? 7. Please note that the supplement form contains an error in #5 of the infiltration MDC — The ponding depth is currently listed as 22,760 inches which is not accurate. Please provide the requested information by March 15, 2019. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis ncdenr. ov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 �f Nothing Compares -•,. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third patties. 4 RE: 117-'xternal] IZL: SNV8 040220 Villages at Plantation Landing - Lewis,Linda 11age 1 of 3 r: RE: [External] RE: SW8 040220 Villages at Plantation Landing Tammy Spivey <tammy@trasklandco.com> Wed 4/3/2019 3:53 PM ro:Lewis,Linda <linda.lewis@ncdenr.gov>; Garry Pape <gpape@gsp-consulting.com>; CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Hi Linda, Will you please let us know status of this permit? Thank you, Tammy From: Lewis,Linda <linda.lewis@ncdenr.gov> Sent: Monday, February 18, 2019 8:44 AM To: Garry Pape <gpape@gsp-consulting.com> Cc: lorourke@mungo.com; Tammy Spivey <tammy@trasklandco.com> Subject: RE: [External] RE: SW8 040220 Villages at Plantation Landing Please address that issue in the narrative, if you have not already done so. Thanks, Linda From: Garry Pape <gpape@gsp-consulting.com> Sent: Friday, February 15, 2019 12:43 PM To: Lewis,Linda <hnda.lewis2ncdenr.goy> Cc: lorourke mungo.com; Tammy Spivey <tammy@trasklandco.corh> Subject: [External] RE: SW8 040220 Villages at Plantation Landing CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Linda, In response to Item 46, we are not lowering the system. The previous design was based off of a different Vertical Datum which is why the elevation is different. All of my design was based off a new survey and when comparing the previous survey data with the new survey data all the elevations correspond to this +/- 16" difference. How would you like for me to address this? - Garry From: Lewis,Linda [mailto:linda.lewis@ ncdenr.gov] Sent: Friday, February 15, 2019 12:33 PM https://outlook.off ice365.coralo%N,al?ItemI1)=AA-\,1ki%G:\'iZWU5YjLxl_,"1,Jm\,IIDItNGRkZSO... 4/3/2019 R]:: [External ] IZ1 : S1��K 040220 \�ill�rges at ]'lai3tation Landing - Le«vis,l_inda ]'agc 2 of 3 To: Garry Pape Cc: lorourke@mungo.com; Tammy Spivey Subject: SW8 040220 Villages at Plantation Landing IN I am reviewing the subject modified application received on December 21, 2018 and have the following comments: 1. The grading plan is extremely busy and confusing to the point that I cannot get any information out of it. I suggest that the existing tree locations and descriptions and the tree removal "X's" be removed from the grading plan since tree removal is already documented on the existing conditions plan. Also, please remove the individual structure drainage area lines and designations from the grading plan and put them on a separate plan sheet. However, for state stormwater purposes, we only need the one large drainage area that drains to the proposed infiltration basin. 2. Please explain why a new structure "EX3" has been added, instead of using the existing "Special Junction Box". 3. If you will continue with the EX3 structure, please add a detail to the plans with all relevant elevations. Since you have a new pipe leaving this structure into the basin, it must function as a bypass, similar to the existing Special Junction Box. A bypass is required under the rules that were in effect at the time the original permit was issued. 4. Please add all of the previously approved and unchanged details for the project to the new plans, including the vegetated filter, infiltration basin dimensions, the sheetpile vinyl wall, the Special Junction Box and the outlet box from the state's infiltration basin into the County's pond. 5. The detail for the structure leaving the County pond into the vegetated filter has been altered from it's original top elevation. Have you obtained County approval for this change? It appears that you are lowering the SHV T elevation from 36.35 to 35 with a corresponding lowering of the bottom elevation from 38.35 to 37.0. Based on the recent years of higher than average rainfall, it's more likely that the SHWT has increased. You appear to be using the original 2003 soils information to make this determination. Have you conducted a follow-up soil investigation to support the new SHWT? Please note that the supplement form contains an error in #5 of the infiltration MDC - The ponding depth is currently listed as 22,760 inches which is not accurate. Please provide the requested information by March 15, 2019. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis@ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 hit ps://outlook.of[Iec3G5.corn/owal?Itenil17-AAMkAGN'1Z 'VU5YjExI,'f.11) WNIGRk%S0... 4/3/2019 R.L: [l'.xternal.] Kl SWS O40220 Villages at Nantation landing - 1 cxvis.Linda Page a of 3 , 4 �Y Nothing Compares. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. https://outlook.off ice365.corn/owa/7ItemID=AAN4kACiNiG\\'U5 Yj 11xI,TJrnNIDIt\NGRk%SO... 4/3/2019 GSP CONSULTING 6626 Gordon Road, Unit C WILMINGTON, NORTH CAROLINA, 28411 (910) 442-7870 FAX (910) 799-6659 TO: Linda Lewis NC Division of Water Quality , 127 Cardinal Drive Ext. Wilmington, NC 28405 WE ARE SENDING YOU ❑ Fee Check ❑ Copy of Letter LETTER OF hTlR�1�15l�111TTRL DATE 0212 I1 JOB NO. 2o18-0002 ATTENTION PHONE# RE' Villages at Plantation Landing SW8 040220 FES 2 8 2019 I - ------------------------- ---- ❑ Attached ❑ Under separate cover via the following items: ® Permit Applications ® Plans ❑ Calculations ❑ Specifications ❑ Change order ❑ Diskette ❑ COPIES DESCRIPTION 2 Copies of Sheets C-5.3 Drainage Plan & C-9 NCDEQ Stormwater Details 1 Revised Page 3 of the Stormwater Management Permit Application Form 1 Revised Infiltration Basin Supplement 1 Comment/Response Letter THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: COPYTO: File SIGNED: - Garry S. Pape, P.E. If enclosures are not as noted, kindly notify us at once. GSP CONSULTING February 24, 2019 NCDE;NR Division of Energy. Mineral and Land Resources 127 Cardinal Drive Extension Wilmington, NC 28405 c/o Linda Lewis Re: Request for Additional Information SW8 040220 Villages at Plantation Landing We have received your request for additional information, dated February 151, 2019. The following notes outline our responses to your.requests and address how the requests have been addressed, and identify the changes to the plan: The grading plan is extremely busy and confusing to the point than I cannot get airy information out (1f it, I suggest (hat the existing tree' locations and descrlptionti and the tree removal -Xs ' be reinoved f1"oln the grading plan since free removal is alre'ad i, documented on the existing conditions plan. Also, please remove the individual ,structure drainage area lines and designalions ftom the grading plan and pw the'in on a separate plan sheet. However, for slate slorin water purposes, we only need the one large draincge area that drains to the proposed infiltration basin Response: A new Drainage Plan Sheet C-5.3 has been added to provide more clarity. 2. Please explain why a new structure "F-V3 " has been added, instead of using the existing ".Special.lunction Box. Response: The additional pipe from storm structure EX3 into the infiltration basin was provided to provide relief from the 25-Year Storm Event for the upstream drainage structures. Once the infiltration basin stages up to the storage elevation of38.55' all inflow in excess of this will still be directed to the existing "Special Junction Box" to bypass the infiltration basin. Ifyou ivill continue with the EX3 structure, please add a detail to the plans with cill relevant elevations. Since you have a new pipe leaving this structure into lire basin, it must firnction as a bypass, .similar to the existing Special Junction Box. A bypass is required under the rules that were in effect at the One the original permit was issued. Response: Once the infiltration basin stages up to the storage elevation of 38.55' all inflow in excess of this will still be directed to the existing "Special Junction Box" to bypass the infiltration basin. 4. Please add all of the previously approved and unchanged details for the pr(Ject to the new plans, including tile vegetated filler, infiltration basin dimensions, the shee'lplle vinyl wall, the Special.function Box and the outlet box ftoin the scale's infiltration basin into the Countv's pond. Response: The previously approved and unchanged details have been added to Sheet C-9. 6626 Gordon Road, Unit C Wilmington, North Carolina 28411 tel: 910-442-7870 fax: 910-799.6659 GSP CONSULTING The detail for the structure leaving the County pond into the vegetated filter has been altered from its original top elevation. Have you obtained County approval for this change? Response: Elevations from previously approved plans were based on the National Geodetic Vertical Datum of 1929 (NGVD 29). Elevations from this revision are based on the North American Vertical Datum of 1988 (NAVD88) which is the reason for the elevation discrepancies from the previously approved permit and this revision. New Hanover County has approved the revised plans. 6. It appears that you are lowering the SHWT elevation fi-otn 36.35 to 35 with a corresponding lowering of the bottom elevations fi•ona 38.35 to 37.0. Based on the recent years of higher than average rainfall, it's more likely that the SH47T has increased. You appear to be using the original 2003 soils information to make this determination. Have you conducted a fiollow- up soil investigation to support the new SHWT? Response: Elevations from previously approved plans were based on the National Geodetic Vertical Datum of 1929 (NGVD 29). Elevations from this revision are based on the North American Vertical Datum of 1988 (NAVD88) which is the reason for the elevation discrepancies from the previously approved permit and this revision. Please note that the supplement farm contains an error in 95 of the infiltration n4DC — The ponding depth is currently listed as 22,760 inches which is not accurate. Response: The supplement has been revised. trust the responses to the comments will adequately address your concerns. Please contact me immediately at (910) 442-7870 or g,papengsp-consulting.com if you have any questions or require additional information. sincerely, GSP CONSULTING, PI —LC. Garry S. Pape, P.E. 6626 Gordon Road, Unit C Wilmington, North Carolina 28411 tel: 910-442-7870 fax: 910-799-6659 Lewis,Linda From: Lewis,Linda Sent: Monday, February 18, 2019 8:44 AM To: 'Carry Pape' Cc: lorourke@mungo.com; Tammy,Spivey Subject: RE: [External] RE: SW8 040220 Villages at Plantation Landing Please address that issue in the narrative, if you have not already done so Thanks, Linda From: Garry Pape <gpape@gsp-consulting.com> Sent: Friday, February 15, 2019 12:43 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: lorourke@mungo.com; Tammy Spivey <tammy@trasklandco.com> Subject: [External] RE: SW8 040220 Villages at Plantation Landing Li nda, In response to Item #6, we are not lowering the system. The previous design was based off of a different Vertical Datum which is why the elevation is different. All of my design was based off a new survey and when comparing the previous survey data with the new survey data all the elevations correspond to this +/- 16" difference. How would you like for me to address this? - Garry From: Lewis,Linda [mailto:linda.lewis@ncdenr.gov] Sent: Friday, February 15, 2019 12:33 PM To: Garry Pape Cc: Iorourke@mungo.com; Tammy Spivey Subject: SW8 040220 Villages at Plantation Landing /W I am reviewing the subject modified application received on December 2-1, 2018 and have the following comments: 1. The grading plan is extremely busy and confusing to the point that I cannot get any information out of it. I suggest that the existing tree locations and descriptions and the tree removal "X's" be removed from the grading plan since tree removal is already documented on the existing conditions plan. Also, please remove the individual structure drainage area lines and designations from the grading plan and put them on a separate plan sheet. However, for state stormwater purposes, we only need the one large drainage area that drains to the proposed infiltration basin. 2. Please explain why a new structure "EXY has been added, instead of using the existing "Special Junction Box". -a.- If you will continue with the EX3 structure, please add a detail to the plans with all relevant elevations. Since you have a new pipe leaving this structure into the basin, it must function as a bypass, similar to the existing Special Junction Box. A bypass is required under the rules that were in effect at the time the original permit was issued. 4. Please add all of the previously approved and unchanged details for the project to the new plans, including the vegetated filter, infiltration basin dimensions, the sheetpile vinyl wall, the Special Junction Box and the outlet box from the state's infiltration basin into the County's pond. 5. The detail for the structure leaving the County pond into the vegetated filter has been altered from it's original top elevation. Have you obtained County approval for this change? 6. It appears that you are lowering the SHWT elevation from 36.35 to 35 with a corresponding lowering of the bottom elevation from 38.35 to 37.0. Based on the recent years of higher than average rainfall; it's more likely that the SHWT has increased. You appear to be using the original 2003 soils information to make this determination. Have you conducted a follow-up soil investigation to support the new SHWT? 7. Please note that the supplement form contains an error in #5 of the infiltration MDC — The ponding depth is currently listed as 22,760 inches which is not accurate. Please.provide the requested information by March 15, 2019. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office Iinda.Iewis 5ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 }:. Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 Lewis,Linda From: Lewis,Linda Sent: Thursday, January 24, 2019 9:42 AM To: 'Tammy Spivey; 'Garry Pape (gpape@gsp-consulting.com)' Cc: 'lorourke@mungo.com' Subject: RE: [External] RE: SW8 040220 the Villages a,t Plantation Landing Strike this last email about the signatures. I've got too much going on to keep it all straight. I found a copy of a document in the file signed by Mike Rutherford, president, which authorizes Mr. O'Rourke, among others, to sign the permit application. So, we go on with the review of the proposed modification. Linda From: Lewis,Linda Sent: Thursday, January 24, 2019 9:34 AM To:'TammySpivey' <tammy@trasklandco.com>;'Garry Pape (gpape@gsp-consulting.com)' <gpape@gsp- consulting.com> Cc:'iorourke@mungo.com' <lorourke@mungo.com> Subject: FW: [External] RE: SW8 040220 the Villages at Plantation Landing The application to modify the subject permit, which was accepted as noted below on December 21, 2018, was signed by Mr. O'Rourke as Assistant Secretary in Clayton Properties Group, Inc. Please refer to NCAC 02H.1040(1) for information on who can sign a permit application. In order to accept the application that Mr. O'Rourke signed on behalf of this corporation, please provide a letter of authorization, signed by someone of at least the level of vice president in the corporation. Alternatively, please provide a new application signed by someone who is at least a vice president in the corporation. Please provide the requested information by February 24, 2019. Thanks, Linda From: Lewis,Linda Sent: Thursday, January 24, 2019 9:19 AM To:'Tammy Spivey' <tammy@trasklandco.com> Subject: RE: [External] RE: SW8 040220 the Villages at Plantation Landing Ownership was transferred on December 17, 2018, and the modification was received on December 21, 2018, which I am in the process of entering into BIMS now. I am currently reviewing applications received in early December, so it may be a few more weeks. In cases like this, where multiple permit actions are being done, we will send out one letter upon the completion of all actions. So, the transfer and the modification will be approved under one letter. A Lewis,Linda From: Lewis,Linda Sent: Thursday, January 24, 2019 9:34 AM To: 'Tammy Spivey', -'Garry Pape (gpape@gsp-consulting.com)' Cc: 'lorourke@mungo.com' Subject: FW: [External] RE: SW8 040220 the Villages at Plantation Landing The application to modify the subject permit, which was accepted as noted below on December 21, 2018, was signed by Mr. O'Rourke as Assistant Secretary in Clayton Properties Group, Inc. Please refer to NCAG 02H.1040(1) for information on who can sign a permit application. In order to accept the application that Mr. O'Rourke signed on behalf of this corporation, please provide a letter of authorization, signed by someone of at least the level of vice president in the corporation. Alternatively, please provide a new application signed by someone who is at least a vice president in the corporation. Please provide the requested information by February 24, 2019. Thanks, Linda From: Lewis,Linda Sent: Thursday, January 24, 2019 9:19 AM To: 'Tammy Spivey' <tammy@trasklandco.com> Subject: RE: [External] RE: SW8 040220 the Villages at Plantation Landing Ownership was transferred on December 17, 2018, and the modification was received on December 21, 2018, which I am in the process of entering into BIMS now. I am currently reviewing applications received in early December, so it may be a few more weeks.. In cases like this, where multiple permit actions are being done, we will send out one letter upon the completion of all actions. So, the transfer and the modification will be approved under one letter. Linda From: Tammy Spivey <tammy@trasklandco.com> Sent: Thursday, January 24, 2019 8:54 AM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Gary Pape <gpape@gsp-consulting.com> Subject: RE: [External] RE: SW8 040220 the Villages at Plantation Landing Pal,u External email, bo not click links or open attachments unless you verify. Send all suspicious email as an attachment to n e , Iteport.sparn@nc.gov' Hi Linda, Will you please let me know permitting status for this project? H Thank you, Tammy From: Tammy Spivey Sent: Thursday, December 20, 2018 4:53 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Gary Pape <gpape@gsp-consulting.com> Subject: RE: [External] RE: SW8 040220 the Villages at Plantation Landing Li nda, Signed electronic copies are attached. I will deliver originals tomorrow. Will you please leave the transfer application up front so I can insert the revised pages 5 & 6? I know this one was time consuming to figure out with the sale, but we all very much appreciate your help in getting the application/signatory issues resolved. Thanks, Tammy From. Tammy Spivey Sent: Tuesday, December 18, 2018 5:25 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Gary Pape <gpape@gsp-consulting.com> Subject: Re: ]External] RE: SW8 040220 the Villages at Plantation Landing I take that to mean the mark-up I sent was acceptable, so I should be able to get you signed scanned copies tomorrow and originals shortly thereafter. Thanks, Tammy On Dec 18, 2018, at 5:16 PM, Lewis,Linda <linda.lewis@ncdenr.gov> wrote: Please submit the application so we can get started. Thanks, Linda From: Tammy Spivey <tammy@trasklandco.com> Sent: Tuesday, December 18, 2018 5:01 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Gary Pape (gpape@gsp-consulting.com) <gpape@gsp-consulting.com> Subject: I'M [External] RE: SWS O40220 the Villages at Plantation Landing Hi Linda — following up. z w r Thanks, Tammy From: Tammy Spivey Sent: Monday, December 17, 2018 1:13 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Garry Pape <gpape@gsp-consulting._com> Subject: RE: [External] RE: SW8 040220 the Villages at Plantation Landing Linda — confirming the attached is good for the transfer application. Thanks, Tammy From: Lewis Linda <linda.lewis@ncdenr.gov> Sent: Monday, December 17, 2018 11:44 AM To: Tammy Spivey <t_a_mmy@trasklandco.com> Cc: Garry Pape <gpape@gsp-consulting.com> Subject: RE: [External] RE: SW8 040220 the Villages at Plantation Landing Tammy - In E3- I would put Mr. Mike Rutherford, president of Clayton Properties Group Inc. In E4, I would put either Mr. Shiley or Mr. O'Rourke as the "authorized signatory". Linda From: Tammy Spivey <tammy@trasklandco.com'> Sent: Friday, December 14, 2018 3:55 PM To: Lewis,Linda <linda.lewisRncdenr.gov> Cc: Garry Pape <gpape-@gsp-cons_ulting.co_m> Subject: [External] RE: SW8 040220 the Villages at Plantation Landing Hi Linda, I understand that you spoke with Casey Heim yesterday and together, y'all were able to connect the dots with the supplied docs so that the following can happen to move this permit along? E2 — change to Clayton Properties Group, Inc E3 — change signing official to Leon O'Rourke, Asst Secretary — use Clayton Properties Group NCSOS address (Maryville,.TN) — Casey said y'all discussed Geoff signing, but by the same virtue, the same rights would apply to Leon (Leon is local and can sign quicker) E4 - list Leon O'Rourke and provide the "alternate mailing address" as the Apex address. 3 Just confirming we're all on the same page before I update the applications (transfer & mod) and get signatures. Thanks! Ta m my From: Lewis,Linda <linda.lewis@ncdenr.gov> Sent: Wednesday, December 12, 2018 12:34 PM To: Tammy Spivey <tammy@trasklandco.com> Cc: Garry Pape <gpape@gsp-consulting.com> Subject: SW8 040220 the Villages at Plantation Landing I attach a copy of the inspection report for the subject project. I don't note any real problems other than the basin needs to be cleaned up and the inlet and outlet need to be maintained and restored to design condition. Also, in regard to the ownership change, please ensure that Clayton Properties Group, Inc. is listed with the NCSOS and include a copy of the NCSOS filing with the updated transfer application. The paperwork you sent me indicates that they are a Tennessee corporation. also forgot to tell you that the document you provided earlier, i.e., the written consent of the CPG Board; is essentially an authorization for all of those Assistant Secretary's to sign the permit application. Per NCAC 02H.1040(1) this authorization document has to be signed by an "appropriate authority", i.e., a person of at least the level of VP in the corporation. None of the folks who signed that document have any title. Steven Mungo is the only VP listed. 1l'f ." Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis@ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 <image001.png> Email correspondence to"and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Application Completeness Review Checklist .7 Project Name: A44_ Date Delivered to WIRO: BIMS Received/Accepted Date: ZV Project County/Location: *BIMS Acknowledged Date: 12— 1g Rule(s): ®2017 Coastal 1:12008 Coastal 01995 Coastal Phase II ®Universal E]1988 Coastal -- l 1— Permit Action: New Major Mo Minor Mod / Renewal. L-T, : fef••• MEOffsite **New Permit #: isting Permit #: 5LJ D V 6,POO Permit Type: D / LD / LD Overall / HD &LD Combo General Permit / Offsite / Exempt / Rescission DEC Z 1 tutu �J6�PE Cert on File? SCM Type(s): `lJ�-- �S� to 5W8: aMaster PE Cert on File? Development Type: Commercial / Residential / Other Subdivided?: Subdivision or Sin le Lot For New or Transferred Permits Permittee is: Stream Class: Property Owner(s) Developer ❑Lessee1-1 Purchaser ❑HOA OSA Map ElORW Map Paperwork Emailed Engineer on: upplement(s) (1 original per BMP) tpplication Mwith correct/original signatures (1 original per BMP except LS/VFS and swales) with correct/original signatures ®Corp or LLC: Sig. Auth. per SoS or Signature Authorization letter or report �5505 (within 6mo) Check#I(s): -, ®No Fee Q 3w,Is Report: w/SHWT or General Report alculations (signed/sealed) ®Deed Restrictions, if subdivided: "Signed & Notarized Template Temolate (Com ❑Recorded Covenants Recorded Plats 1:150% or more Lots Sold List Eoject Narrative FlUSGS Map Email Address: Design Engineer ✓Dg"i, Address: Property Owner Deed ®Email Address: Lessee ®Lease Agreement ®Email Address: Purchaser Purchase Agreement Email Address: Developer Email Address: HOA Representative Plans E./sets Wetlands: Delineated or No Wetlands ❑Vicinity Map �oject Boundaries ®Legend ayout (proposed BUA dimensions) �DA Maps Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) 5 xisting Conditions Landscape Plan Grading ED11E Seal REVIEWER NAME: NOTES TO REVIEWER: *Enter BIMS Acknowledged Date on this Sheet *FOR NEW Projects -Enter New Permit # on �OYdG�SSf?�� Supplements & Deed Restiction Templat S. rQ ihf5 �ah� G:WQ\\\Reference Libra ry\Procedures\Checklists\Completeness Review Checklist_2018 03 13 'C�,Iot-IeLp -r;�r +Y)c' � � � z9lS�►Gc�� ' CJ `a7 v l � DEMLR USE ONLY Date Received Fee Paid Permit Number 1 Z . Z!- 2a! t3 I k114- rrlrifl S(W?04,0000 Applicable Rules: ❑ Coastal SW - 1995 ❑ Coastal SW - 2008 ❑ Ph II - Post Construction (select all that apply) ❑ Non -Coastal SW- HQW/ORW Waters ❑ Universal Storm water Management Plan ❑ Other WQ M mt Plan: State of North Carolina Department of Environment and Natural Resources Division of Energy, Mineral and Land Resources STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may he photocopier) for use as an original 1. GENERAL INFORMATION 1. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Villages at Plantation Landing 2. Location of Project (street address): 8740 Market Street City:Wilmingto_n _ _ County:New Hanover Zip:28411 3. Directions to project (from nearest major intersection): At the intersection of Futch Creek Road and Plantation Landing Road 4. Latitude:34° 18' 32" N Longitude:77° 46' 41" W of the main entrance to the project. II. PERMIT INFORMATION: 1. a. Specify whether project is (check one): ❑New ®Modification ❑ Renewal w/ Modificationt tReneuials zi)ith modifications also requires SKU-102 — Rcneroal Application Fonn b.If this application is being submitted as the result of a modification to an existing permit, list the existing permit numberSW8 040220 , its issue date (if known)November 22, 2004 _ and the status of construction: ❑Not Started ®Partially Completed* ❑ Completed* *provide a designer's certification 2. Specify the type of project (check one): ❑Low Density ®High Density []Drains to an Offsite Stormwater System ❑Other 3. If this application is being submitted as the result of a previously returned application or a letter from DEMLR requesting a state stormwater management permit application, list the stormwater project number, if assigned, and the previous name of the project, if different than currently proposed, 4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748): ❑CAMA Major ❑NPDES Industrial Stormwater ®Sedimentation/Erosion Control: 8.75 ac of Disturbed Area 0404/401 Permit: Proposed Impacts b.If any of these permits have already been acquired please provide the Project Name, Project/Permit Number, issue date and the type of each permit: 5. Is the project located within 5 miles of a public airport? ®No ❑Y �� ��� If yes, see S.L. 2012-200, Part VI: htt ortal.ncdenr.or web it rule -and-re lation DEC 21 2018 Form SWU-101 Version Oct. 31, 2013 Page] of 6 BY. I Ill. CONTACT INFORMATION 1. a. Print Applicant / Signing Official's name and title (specifically the developer, property owner, lessee, designated government official, individual, etc. who owns the project): Applicant/Organization:Clayton Properties Group, Inc. r Signing Official & Titie:Leon O'Rourke Assistant Secretaryl s! gpz Zu rgC�1 b.Contact information for person listed in item I above: l ke 2V Pam) / Street Address:2521 Schieffelin Road, Suite #116 City:Apex State:NC Zip:27502 Mailing Address (if applicable): PC7 X 40q8 City: 'ca?�ljr/I�e. _ State: TAU Zip: 'SM:4 Phone: (919 ) 366-9313 Fax: Email:lorourke@mungo.com c. Please check the appropriate box. The applicant listed above is: ® The property owner (Skip to Contact Information, item 3a) ❑ Lessee* (Attach a copy of the lease agreement and complete Contact Information, item 2a and 2b below) ❑ Purchaser* (Attach a copy of the pending sales agreement and complete Contact Information, item 2a and 2b below) ❑ Developer* (Complete Contact Information, item 2a and 2b below.) 2. a. Print Property Owner's name and title below, if you are the lessee, purchaser or developer. (This is the person who owns the property that the project is located on): Property Owner/Organization: Signing Official & Title: b.Contact information for person listed in item 2a above: Street Address: City: Mailing Address (if applicable): City:_ Phone: Email: State: State: Fax: Zip: Zip: 3. a. (Optional) Print the name and title of another contact such as the project's construction supervisor or other person who can answer questions about the project: Other Contact Person/ Organ ization:Trask Land Company Signing Official & Title:Tammy Spivey, Develoment Manager b.Contact information for person listed in item 3a above: Mailing Address:1051 Military Cutoff Rd, Suite 210 City: Wihnington State:NC Zip:28405 Phone: (910 ) 799-8755 Email:tammy@traskiandco.com 4. Local jurisdiction for building permits: Point of Contact: Fax: Phone #: BY: CEIV Form SWU-101 Version Oct. 31, 2013 Page 2 of 7 IV. PROJECT INFORMATION 1. In the space provided below, briefly summarize how the storniwater runoff will be treated. The storm water for this project will be treated by an existing infiltration basin Elevations from previously approved plans were based on the National Geodetic Vertical Datum of 1929 D 291. Elevations from this revision are based on the North American Vertical Datum of 1988 NAVD88 2. a. If claiming vested rights, identify the supporting documents provided and the date they were approved: ❑ Approval of a Site Specific Development Plan or PUD Approval Date: ❑ Valid Building Permit Issued Date: ❑ Other: Date: b. If claiming vested rights, identify the regulation(s) the project has been designed in accordance with: ❑ Coastal SW - 1995 ❑ Ph 11 - Post Construction 3. Stormwater runoff from this project drains to the Cape Fear River basin. 4. Total Property Area: 8.05 acres 5. "Total Coastal Wetlands Area: 0 acres 6. Total Surface Water Area: 0 acres 7. Total Property Area (4) - Total Coastal Wetlands Area (5) -Total Surface Water Area (6) = Total Project Area4:8.05 acres Total project area shall be calculated to exclude the follorvin the norrual pool of iru pounded structrires, lire area between the banks of strearus and rivers, the area below the Normal High Water (NHW) line or Mean High Water (MHW) line, and coastal wetlands landward frour the NHW (or M14M litre. The resultant project area is used to calculate overall percent built ripon area (BUA). Non -coastal wetlands land7oard of the NHW (or MHW) line inay be included in the total project area. 8. Project percent of impervious area: (Total Impervious Area / Total Project Area) X 100 = 62.1 9. How many drainage areas does the project have?1 (For high densihj, count I for each proposed engineered storruroater BMP. For lord densihf and other projects, rise 1 for the whole property area) 10. Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information Drainage Area 1 Drainage Area _ Drainage Area _ Drainage Area _ Receiving Stream Name UT to Futch Creek Stream Class SA Stream Index Number * 18-87-19 Total Drainage Area (so 350,658 On -site Drainage Area (so 350,658 Off -site Drainage Area (so Proposed Impervious Area** (SO 217,800 % Impervious Area** total 62.1 Impervious" Surface Area Draina e Area 1 Draina a Area _ Draina e Area _ Draina e Area _ On -site Buildings/Lots (so 71,520 On -site Streets (so 28,153 On -site Parkin (so 27,205 On -site Sidewalks (so 11,179 Other on -site (so Future (so 59,514 Off -site (so Existin BUA*** (sf) 1 20,229 Total (so: 1 217,800 Streaw Class and lrrdex Nuniber call be deterinined at: littp://7ortal.iiedenr.orgy`ti)eb/2aR/ps/esit/clnssificatio)is Dorm SWU-101 Version Oct. 31, 2013 Page 3 of 6 'Report only that amount of existing BUA that will rentain after development. Do not report any existing BUA that is to be removed and which will be replaced by new BUA. 11. How was the off -site impervious area listed above determined? Provide documentation. Protects in Union Count: Contact DEMLR Central Office staff to check if the project is located within a Threatened & Endangered Species watershed that may be subject to more stringent stormwater requirements as per 15A NCAC 02B .0600. V. SUPPLEMENT AND O&M FORMS The applicable state stormwater management permit supplement and operation and maintenance (O&M) forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from http://portal.ncdenr.org/web/wq/ws/su/bmp-manual. VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and Land Resources (DEMLR). A complete package includes all of the items listed below. A detailed application instruction sheet and BMP checklists are available from http://portal.ncdenr.orz/web/wq/ws/su/statesw/forms_docs. The complete application package should be submitted to the appropriate DEMLR Office. (The appropriate office may be found by locating project on the interactive online map at http://portal.ncdenr.org/web/wq/ws/su/maps.) Please indicate that the following required information have been provided by initialing in the space provided for each item. All original documents MUST be signed and initialed in blue ink. Download the latest versions for each submitted application package from http://portal.ncdenr.org/web/wq/ws/su/statesw/forms does. Initials 1. Original and one copy of the Stormwater Management Permit Application Form. 2. Original and one copy of the signed and notarized Deed Restrictions & Protective Covenants Form. (if required as per Part VII below) 3. Original of the applicable Supplement Form(s) (sealed, signed and dated_) and O&M agreement(s) for each BMP. 4. Permit application processing fee of $505 payable to NCDENR. (For an Express review, refer to http://www.enviielp.org/pages/onestopexpress.htmI for information on the Express program and the associated fees. Contact the appropriate regional office Express Permit Coordinator for additional information and to schedule the required application meeting.) 5. A detailed narrative (one to two pages) describing the stormwater treatment/management for the project. This is required in addition to the brief summary provided in the Project Information, item 1. 6. A USGS map identifying the site location. If the receiving stream is reported as class SA or the receiving stream drains to class SA waters within 1/2 mile of the site boundary, include the'/z mile radius on the map. 7. Sealed, signed and dated calculations (one copy). 8. Two sets of plans folded to 8.5" x 14" (sealed, signed, & dated), including: a. Development/Project name. igh EI ®A b. Engineer and firm. I� 1��00'' c. Location map with named streets and NCSR numbers. d. Legend. DEC 21 2018 e. North arrow. f. Scale. BY: g. Revision number and dates. h. Identify all surface waters on the plans by delineating the normal pool elevation of impounded structures, the banks of streams and rivers, the MHW or NHW line of tidal waters, and any coastal wetlands landward of the MHW or NHW lines. • Delineate the vegetated buffer landward from the normal pool elevation of impounded structures, the banks of streams or rivers, and the MHW (or NHW) of tidal waters. i. Dimensioned property/project boundary with bearings & distances. j. Site Layout with all BUA identified and dimensioned. k. Existing contours, proposed contours, spot elevations, finished floor elevations. 1. Details of roads, drainage features, collection systems, and stormwater control measures. Form SWU-101 Version Oct. 31, 2013 Page 4 of 7 h � � • � . l �r � ��, � 11 ♦ i ; ♦ A { r. 1 � m. Wetlands delineated, or a note on the plans that none exist. (Must be delineated by a qualified person. Provide documentation of qualifications and identify the person who made the determination on the plans. n. Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations. o. Drainage areas delineated (included in the main set of plans, not as a separate document). p. Vegetated buffers (where required). 9. Copy of any applicable soils report with the associated SHWT elevations (Please identify elevations in addition to depths) as well as a map of the boring locations with the existing elevations and boring logs. Include an 8.5"x11" copy of the NRCS County Soils map with the project area clearly delineated. For projects with infiltration BMPs, the report should also include the soil type, expected infiltration rate, and the method of determining the infiltration rate. (Infiltration Devices submitted to WiRO: Schedule a site visit for DEMLR to verifi/ the SHVVT prior to submittal, (910) 796-7378.) 1.0. A copy of the most current property deed. Deed book: 2561 rage No: 363 11. For corporations and limited liability corporations (LLC): Provide documentation from the NC Secretary of State or other official documentation, which supports the titles and positions held by the persons listed in Contact Information, item 1a, 2a, and/or 3a per 15A NCAC 21-1.1 The corporation or LLC must be listed as an active corporation in good standing with th Secretary of State, otherwise the application will be returned. rEC 2018 litt www.secretar .state.nc_us Corporations CSearch.as x VII. DEED RESTRICTIONS AND PROTECTIVE COVENANTS For all subdivisions, outparcels, and future development, the appropriate property restrictions and protective covenants are required to be recorded prior to the sale of any lot. If lot sizes vary significantly or the proposed BUA allocations vary, a table listing each lot number, lot size, and the allowable built -upon area must be provided as an attachment to the completed and notarized deed restriction form. The appropriate deed restrictions and protective covenants forms can be down -loaded from http://portal.ncdenr.orgZweblir/state- stormwater-forms dots. Download the latest versions for each submittal. In the instances where the applicant is different than the property owner, it is the responsibility of the property owner to sign the deed restrictions and protective covenants form while the applicant is responsible for ensuring that the deed restrictions are recorded. By the notarized signature(s) below, the permit holder(s) certify that the recorded property restrictions and protective covenants for this project, if required, shall include all the items required in the permit and listed on the forms available on the website, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the NC DEMLR, and that they will be recorded prior to the sale of any lot. VIII. CONSULTANT INFORMATION AND AUTHORIZATION Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information). Consulting Engineer -Garry S. Pape, P.E. Consulting Firm: GSP Consulting, PLLC Mailing Address:6626 Gordon Road, Unit C City:Wilmington Phone: (910 442-7870 Email:gpape@gsp-consulting.com State:NC Zip Fax: (910 ) 799-6659 IX. PROPERTY OWNER AUTHORIZATION (if Contact lnfonnation, item 2 has been fIIed out, complete this section) I, (print or hjpe name of person listed in Contact Information, item 2a) , certify that I own the property identified in this permit application, and thus give permission to (print or hjpe narue of person listed in Contact Information, item 1a) with (print or hjpe natne of organization listed in Contact Information, item 1a) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. Form SWU-101 Version Oct. 31, 2013 Page 5 of 7 As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DEMLR Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DEMLR immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Date: I, . a Notary Public for the State of , County of do hereby certify that personally appeared before me this — day of T , and acknowledge the due execution of the application for a stormwater permit. Witness my hand and official seal, SEAL My commission expires. DECIECEIVE z 1 sore Form S W U- 10 1 Version Oct. 31, 2013 Page 6 of 7 X. APPLICANT'S CERTIFICATION I, (print or hfpe name of person listed in Contact Information, item 1a) Leon O'Rourke certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwat ules under 15A NCA 21-1.1000 and any other applicable state stormwater requirements. Signature: Date: I, M\ G G�15on ��L a Notary Public for the State of ri County of NfjW do hereby certify that Ube 6f kUa'k=e- personally appeared before me this2eday of DeCe.,M�ier 2,01? , and acknowledge the dueexecutionof the application for a stormwater permit. Witness my hand and official seal, MADISON ROBIDEAU NOTARY PUBLIC New Hanover County North Carolina My Commission Expires Aug. 30, 2022 SEAL My commission expires � 13 o I ZZ CIV' DEC 21 201� Form SWU-101 Version Oct. 31, 2013 Page 7 of 7 I f �.'.i, fw� "") Lewis,Linda . From: Lewis,Linda Sent: Monday, December 17, 2018 11A4 AM To: 'Tammy Spivey' Cc: Garry Pape Subject: RE: [External] RE: SW8 040220 the Villages at Plantation Landing Tammy - In E3- I would put Mr. Mike Rutherford, president of Clayton Properties Group Inc. In E4, I would put either Mr. Shiley or Mr. O'Rourke as the "authorized signatory". Linda From: Tammy Spivey <tammy@trasklandco.com> Sent: Friday, December 14, 2018 3:55 PM To: Lewis,Linda <linda.lewis@ncdenr.gov> Cc: Garry Pape <gpape@gsp-consulting.com> Subject: [External] RE: SW8 040220 the Villages at Plantation Landing Hi Linda, I understand that you spoke with Casey Heim yesterday and together, y'all were able to connect the dots with the supplied dots so that the following can happen to move this permit along? E2 — change to Clayton Properties Group, Inc E3 —change signing official to Leon O'Rourke, Asst Secretary— use Clayton Properties Group NCSOS address (Maryville, TN) — Casey said y'all discussed Geoff signing, but by the same virtue, the same rights would apply to Leon (Leon is locale and can sign quicker) E4 - list Leon O'Rourke and provide the "alternate mailing address" as the Apex address. just confirming we're all on the same page before I update the applications (transfer & mod) and get signatures. Thanks! Tammy From: Lewis,Linda <linda.lewis@ncdenr,goy> Sent: Wednesday, December 12, 2018 12:34 PM To: Tammy Spivey <tammy@trasklandco.com> Cc: Garry Pape <gpapt2gsp-consultinR.com> Subject: SW8 040220 the Villages at Plantation Landing I attach a copy of the inspection report for the subject project. I don't note any real problems other than the basin needs to be cleaned up and the inlet and outlet need to be maintained and restored to design condition. Also, in regard to the ownership change, please ensure that Clayton Properties Group, Inc. is listed with the NCSOS and include a copy of the NCSOS filing with the updated transfer application. The paperwork you sent me indicates that they are a Tennessee corporation. also forgot to tell you that the document you provided earlier, i.e., the written consent of the CPG Board, is essentially an authorization for all of those Assistant Secretary's to sign the permit application. Per NCAC 02H.1040(1) this authorization document has to be -signed by an "appropriate authority", i.e., a person of at least the level of VP in the corporation. None of the folks who signed that document have any title. Steven Mungo is the only VP listed. Thanks. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewisPncdenr,gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 J: -'--:-Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Lewis,Linda From: Lewls,Llnda Sent: Monday, December 17, 2018 11:48 AM To: 'Tammy Spivey' Cc: Garry Pape Subject: SW8 040220 The Villages at Plantation Landing Once the transfer is complete (as per my previous email), the last action will be the modification. The original modified application form SWU-101 received back in August, has Mungo Homes as the applicant. Please submit a revised application and signed O&M in the name of Clayton Properties Group; Inc. Thanks. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis@ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 ^Nothing Compares_--.-,— Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 0, DEMLR USE ONLY Date Received Fee Paid Permit Number / -&-2b1 0 CIIIII/ ` U9040ZW NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT TRANSFER APPLICATION FORM Pursuant to 15A NCAC 02H.1045 and other applicable statues as reference within Only complete applications packages will be accepted and reviewed. This form and the required items (with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at• http://deo.nc.00v/contact/rsaional-offices. After this application is accepted, DEMLR will conduct a compliance inspection and report any deficiencies to the current permittee and/or the proposed permittee. Per the state stormwater rules and the state stormwater permit conditions, the permit shall not be transferred until. 1, the current permittee resolves all non-compliance issues identified in the inspection report, 2. the current permittee negotiates a resolution with the proposed permittee (in writing and signed by both entities. The negotiated resolution must identify the necessary actions, the responsible party(ies), and the timelines to correct the deficiencies. The site must either be found in compliance or a copy of the negotiated resolution must be submitted prior to the transfer of the permit.); or 3. in the case where a transfer falls under G. S. 143-214.7(c2) (see also SL 2011-256), the proposed permittee resolves all non-compliance issues upon acquiring the permit. Signature requirements for the named signing official (for current and proposed permittee) must meet the following: • Corporation - a principal executive officer of at least the Level of vice-president, • Limited Liability Company (LLC) - the designated manager, (Documentation from the NC Secretary of State or other official documentation must be provided that states the titles and positions held by the person who signed the application (pursuant to 02H.1040) that shows they have legal authority to sign for the LLC) • Municipality - a ranking official or duly authorized employee; • Partnership or limited partnership - the general partner, • Sole proprietor, • The signature of the consultant or other agent shall be accepted on this permit transfer application only if accompanied by a letter of authorization signed by one of the signatories noted in a-e above, as applicable. A. GENERAL INFORMATION 1. State Stormwater Permit Number: SW8 040220 2. Project name: Villages at Plantation Landing Is this an updated project name from the current permit? 9Yes ® No 3. Reason for the permit transfer request: Property sold OCT 2a2018 BY: Stormwater Permit Transfer Application Form Page 1 of 7 April 27, 2018 B. PERSON(S) WHO HAVE SIGNED THIS FORM (select only one response below) ® 1. Both the current and proposed permittees ❑ 2. Only the current permittee of a condominium or planned community (skip Part F & G). In accordance with G. S. 143-214. 7(c2) (see also SL 2011-256), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ Any common areas related to the operation and maintenance of the stormwater management system have been conveyed to the unit owners' association or owners' association in' accordance with the declaration; ❑ The declarant has conveyed at least fifty percent (50%) of the units or lots to owners other than a declarant (provide documentation per submittal requirements below); ❑ The stormwater management system is in compliance with the.stormwater permit. NOTE: If subdivision was built prior to 1999, the Declarant's Attorney can make a determination that the elements of the Planned Community Act (see §47F) have been met by the Declarant for the subdivision. If the Declarant chooses to use this type of transfer, the determination must be in writing, signed by the attorney, and submitted to DEMLR with this form. ❑ 3. Only the proposed permittee (skip Part D below). In accordance with G.S. 143-214.7(c5) (see also SL 2013-121), this type of transfer is allowed only when all of the following items can be truthfully checked: ❑ a. The proposed permittee is either (select one of the following): ❑ The successor -owner who holds title to the property on which the permitted activity is occurring or will occur; ❑ The successor -owner who is the sole claimant of the right to engage in the permitted activity. ❑ b. The current permittee is (select at least one of the following, but all that apply): ❑ A natural person who is deceased. ❑ A partnership, Limited Liability Corporation, corporation, or any other business association that has been dissolved ❑ A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. ❑ A person who has sold the property on which the permitted activity is occurring or will occur. ❑ Other (please explain): ❑ c. The proposed permittee agrees to the following requirements (all must be selected): ❑ There will be no substantial change in the permitted activity. ❑ The permit holder shall comply with all terms and conditions of the permit until such time as the permit is transferred. ❑ The successor -owner shall comply with all -terms and conditions of the permit once the permit has been transferred. ECERVE OCT 242018 BY: Stormwater Permit Transfer Application Form Page 2 of 7 April 27, 2018 C. SUBMITTAL REQUIREMENTS Please mark Y' to confirm the items are included with this form. Please mark "X" if previously provided. If not applicable or not available, please mark N/A.: A processing fee of five hundred and five dollars ($505.00) per G.S. 143-215.3D(e)(2). 2. Two hard copies (with original signatures) and one electronic copy of this completed form and the required items. For proposed permittees that are corporations or LLC's, documentation from the NC Secretary of State demonstrating that the proposed permittee is a legal and viable entity able to conduct business in North Carolina. 4. If Part B, Items 1 or 3 of this form is selected, the signed and notarized applicable O&M agreement(s) from the proposed permittee, as required by the permit. Legal documentation that the property has transferred to the proposed permittee (such as a recorded deed for the property, uncompleted development and/or common areas) or legal documentation demonstrating that the proposed permittee is the sole claimant of the right to engage in the permitted activity. 6. If required by the permit and if the project has been built, a signed, sealed and dated certification document from a licensed professional stating that the stormwater managerhent system has been inspected and that it has been built and maintained in accordance with the approved plans. 7. ' A copy of the recorded covenants and deed restrictions, if required by the permit. If the project has been built, documentation that the maximum allowed per lot built -upon area or the maximum allowed total built -upon area has not been exceeded. If the project has not been built, the new owner shall provide a signed agreement to submit final recorded deed restrictions and protective covenants. 8. If transferring under G. S. 143-214.7(c2) (i.e., Part B, Item 2 of this form is selected), documentation verifying that 50% or more of the lots have been conveyed to individuals (not builders). Copies of the deeds of conveyance or a chart listing the lot number, lot address, owner's name, conveyance date and deed book and page number are. acceptable. If transferring under G.S. 143-214.7(c5) (i.e., Part B, Item 3 of this form is selected), provide legal documentation supporting the dissolution of the corporation or documentation supporting the current permittee was lawfully and finally divested of title of the property. 10. A copy of the lease agreement if the proposed permittee is the lessee. 11. A copy of the pending sales agreement if the proposed permittee is the purchaser. 12. A copy of the development agreement if the proposed permittee is the developer. r=0F9V OCT 2 4 20% BY: Stormwater Permit Transfer Application Form Page 3 of 7 April 27, 2018 D. CURRENT PERMITTEE INFORMATION AND CERTIFICATION Please be sure to provide Email. 1. Current Permit Holder's Company Name/Organization: Futch Creek Properties, LLC 2. Signing Official's Name: Robert High 3. Signing Official's Title: Member/Manager 4. Mailing Address: 223 Greenville Ave City: Wilmington State: NC ZIP: 28403 5. Street Address: 223 Greenville Ave City: Wilmington State: NC ZIP: 28403 6. Phone: (910)790-7949 Email: robert(Wrobe rthighdeve_I_og_ment.com I, Robert High , the current permittee, am submitting this application for a transfer of ownership for the above listed stormwater permit under the General Statute and Session Law identified on Page 1 of this application. I hereby notify DEMLR of the sale or other legal transfer of the property/project and/or the stormwater system associated with this permit. I have provided a copy of the following documents to the proposed permittee named in this application form: (select all that apply) ❑ the most recent permit; ❑ the designer's certification for each SCM; ❑ any recorded deed restrictions, covenants, common areas, drainage easements or plats; ❑ the approved plans and/or approved as -built plans; ❑ the approved operation and maintenance agreement; ❑ past maintenance records from the previous permittee (where required); ❑ a copy of the most recent inspection report; I further attest that this application and request for a permit transfer is accurate and complete to the best of my knowledge. l attest that I have provided all of the required items per the law to transfer this permit. I understand that if all required -parts of this request are not completed or if all required supporting information and attachments listed above are not included, this request package will be returned as incomplete I assign all rights and obligations as permittee to the proposed permittee named below. I understand that this request to transfer the permit may not be approve by the DEMLR unless and until the facility is in compliance with the permit. Signature: Date / 2 5 that a Notary Public for the State of County of iN2al=g 0]�JE&' _, do hereby certify personally appeared before me this the � Z __ day of Sen•cha Le y- , 20��, and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature:" L'Ji�C;zll�. My commission expires Al. DEBRA BENSON OVERBECK NOTARY PUBLIC NEW HANOVER COUNT(, NC My Camissim Expires ECEIVE OCT 2 4 2018 BY. Stormwater Permit Transfer Application Form Page 4 of 7 . April 27, 2018 v4; V E. PROPOSED PERMITTEE INFORMATION The proposed permittee is the: ® Property owner (Also complete Part F.) ❑ Home Owners Association (HOA), Property Owners Association (POA), or Unit Owner Association (UOA) (Also complete Part F.) ❑ Lessee - Attach a copy of the lease agreement. Both the lessee and the property owner will appear on the permit as co-permittees. If the lease is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Purchaser - Attach a copy of the pending sales agreement. The permit will require submission of a copy of the recorded deed after the purchase has taken place. If the purchase agreement is cancelled the permit reverts to the property owner. (Also complete Parts F & G.) ❑ Developer - Attach a copy of the development agreement. Both the developer and the property owner will appear on the permit as co-permittees. If the development agreement is terminated, responsibility for the permit reverts to the property owner. (Also complete Parts F & G.) 2. Proposed permittee name (check one of the following and provide the name): ® Corporation, LLC, Partnership, Municipality name! Clayton Properties Group, Inc. ❑ HOA 1 POA 1 UOA name: ❑ Sole Proprietor 3. Proposed permittee contact information: Please be sure to provide Email. a.-Sigrrirng Official's Name: Mike Rutherford b. S@firrg Official's Title: President c. Mailing Address: 150 Fayetteville Street PC &7-1- 402713 City: Raleigh N12rrsili ltz State: NC ZIP: 27601 d. Street Address: TIC) 37Ek>f City: e. Phone: Email: State: ZIP : -if-)k Aw,c.�,ili"c Oic[c{iress -br- Px'rmi+tt.L **- 4. If there is a Management Entity that manages the property for an HOA, POA or UOA, please provide: Please be sure to provide Email. AUTHORIZED SIGNATORY a. Management Company or Business name: Clayton Properties Group, Inc. b. Contact Name: Leon O'Rourke Title: Assistant Secretary c. Mailing Address: 2521 Schieffelin Rd, Suite 116 _ d. City: Apex State: NC ZIP: 27502 e. Phone: (910) 366-9313 Email: IorourkeCa)mungo.comT DEC z,zo18 BY: Stormwater Permit Transfer Application Form Page 5 of 7 April 27, 2018 F. PROPOSED PERMITTEE CERTIFICATION I, Leon O'Rourke , hereby notify the DEMLR that I have acquired through sale, lease, development agreement, or other legal transfer, the project/property covered by the stormwater management permit and/or the responsibility for constructing and/or operating and maintaining the permitted stormwater management system. I acknowledge and attest that I have received a copy of: (select all that apply): the most recent permit; the designer's certification for each SCM; 0 any recorded deed restrictions, covenants, common areas, drainage easements or plats; ❑i the approved plans and/or approved as -built plans; 0 the approved operation and maintenance agreement; 0 past maintenance records from the previous permittee (where required); 0 a copy of the most recent inspection report; [� Check here if the proposed permittee agrees to be the entity responsible for addressing any compliance issues outlined in the Compliance Inspection Report. If checked, the proposed permittee must provide a written document statement, with a "plan of action and schedule" addressed to this office stating that they will bring the project into compliance upon receipt of the transferred permit. This written "plan of action and schedule" must be received by the Division before the Division will transfer the permit. I have reviewed the permit, approved plans and other documents listed above, and I acknowledge that I will comply with the terms and conditions of the permit. I will construct the project's built -upon area as shown on the approved plans; and I will {construct}, operate and maintain the approved stormwater management system pursuant to the re rements listed in the permit and in the operation and maintenance agreement. Signature: ��_ Date: /'.2-- d I, g lnki Son 90�1 4Gt K a Notary Public for the State of lv �c►fyf�y+Gt County of WVd H"OVV_ do hereby certify that [.e un p'leowlee. personally appeared before me this the 20-6 day of 0,(-(4m r , 20 le, and acknowled a the forgoing instrument. Witness my hand and official seal, MADISON ROBIDEAU NOTARY PUBLIC (N tary S4�Hanover County North Carolina My Commission Expires Aug. 30, 2022 Notary Signature My commission expires 913 0 u CEI @A` E DEC 2 1 2018 BY: Stormwater Permit Transfer Application Form Page 6 of 7 April 27, 2018 . \\�/� y2j\\ >_ /e ��j\� :/ � 2 � / ;» - aEMLR USE ONLY Date Received Fee Paid Permit Number ! - Z- ZU0 1 3 _'M GW 7f-ZYS3 I SGuYa ZZQ S..._� NC DEQ Division of Energy, Mineral and Land'• Resources STATE STORMWATER: err, ? 2 018 PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60.(c). This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Number: SW8 040220 2. Project name: Villages at Plantation Landing (Formerly Porters Neck Commercial Development) _ 3. Project street address: 8740 Market Street City: Wilmington County: New Hanover ZIP: 28411 4. What, if any, changes have been made to the project as permitted? Modification to Existing Permit If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at: https:lldeq.nc.gov/about/divisions/energy- mineral-land-resources/energy-mineral-land- ruleslstormwater- ro raml ost-construction. B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form orthe Permit Transferform available at: https://deq.nc.gov/about/divisions/energy-mineral-land- resourceslenergy-mineral-land-ruleslstormwater-programlpost-construction. State Storm water Permits do not automatically transfer with the sale of the property. 1. Current Permit Holder's Company Name/Organization: Futch Creek Properties, LLC T 2. Signing Official's Name: Robert High 3. Signing Official's Title: Member/Manager 4. Mailing Address: 223 Greenville Ave City: Wilmington County: New Hanover ZIP: 28403 Street Address: City: Stater ZIP: 5. Phone: (910) 790-7949 Email: robe rt(aDroberthighdevelopment.corn Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 C. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non -Coastal HQW/ORW). Only applications packages that include all required items listed below will be accepted and reviewed. Initial each item below to indicate that the required information is provided in the application package: 1. A permit application processing fee of $505.00 payable to NCDEQ. 2. One original signed hard copy and one electronic copy of this completed form. The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation — a principle executive officer of at least the level of vice-president; b. Limited Liability Company (LLC) — a manager or company official as those terms are defined in G:S. 57D "North Carolina Limited Liability Company Act;" c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership -- the general partner; e. Sole proprietor; or f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity. N A 3. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. 4. O&M Agreements, Please select one: ❑ I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or 0 I do not have a copy of the current recorded 0&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. ✓ 5. Designer Certifications, Please select one: [� A copy of the certifications) confirming that the project was built in accordance with the approved plans have been previously provided to the Division; or ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or ❑ The project has not yet been built. W A 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. 7. (IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). https:llwww.sosnc.gov/oniine_servicesisearchlby title/_ Business Registration Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 D. PERMITTEE'S CERTIFICATION 1, Robert -High , the person legally responsible for the permit, certify that I have a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my knowledge, correct and complete. Signature: 44 4 Date: / 1 / NOTARIZATION: I,�11hj-LL &41son oUE' _6 f=CL a Notary Public for the State of County of t4eC1) flA n O Vey— , do hereby certify that 0 a t personally appeared before me this the ca day of .I Ove.m b 12015, and acknowledge the due execution of the forgoing instrument. Witness_m han and official seal, DEBRA BENSON OVERBECK NOTARY PUBLIC (Notary Seal) NEW HANOVER COUNTY, NC My Cmnissim Fx0M My commission expires 1.Q Stormwater Permit Renewal Application Form Page 4 of 3 May 11, 2018 R2 Lewis,Linda From: Lewis,Linda Sent: Wednesday, December 12, 2018 9:25 AM To: 'Tammy Spivey'; Garry Pape Subject: RE: [External] RE: Notice of Receipt of Stormwater Application SW8 040220 I'm OK with that, Linda From: Tammy Spivey <tammy@trasklandco.com> Sent: Wednesday, December 12, 2018 8:26 AM To: Garry Pape <gpape@gsp-consulting.com>; Lewis,Linda <linda.lewis@ncdenr.gov> Subject: RE: [External] RE: Notice of Receipt of Stormwater Application SW8 040220 P.19M External'email. Do'not click links oropen.attachments'unless V6fifiba "Send all-5uspidous. email as an attachment to Linda, Mungo was purchased by Clayton Properties Group a little over a week ago. All addresses remain unchanged, and now Geoff Shiley or Leon O'Rourke (the gentlemen we deal with locally) have the power to execute documents on the company's behalf. Please see attached - will this suffice for updating the application? If so, in E3, I think we replace the Irmo, SC address with the Maryville, TN address and list Leon O'Rourke, Assistant Secretary as the person who signs. In E4, we put Leon O'Rourke with the "alternate mailing address" as the Apex address. Thanks, Tammy From: Garry Pape <gpape@gsp-consulting.com> Sent: Monday, December 10, 2018 11:09 AM To: Lewis,Linda <Iinda.lewis(@ncdenr.gov> Cc: Tammy Spivey <tammy@trasklandco.com> Subject: RE: [External] RE: Notice of Receipt of Stormwater Application SW8 040220 Revised Application From: Lewis,Linda[mailto:linda.lewis(dnedenr.gov] Sent: Friday, December 07, 201.8 9:27 AM To: Garry Pape Cc: Tammy Spivey (tammy(a)trasklandco.com) Subject: RE: [External] RE: Notice of Receipt of Stormwater Application SW8 040220 Garry- ►) N ,The principal office mailing address for the corporation on file with NCSOS is 441 Western Lane, Irmo, SC 29063-9230. That is the permit mailing address that should be fisted in E.3 of the transfer application. I would suggest that you include Mr. Shiley's title as VP in E.3 instead of "Division President". I would also suggest that you put Mr. Shiley's alternate mailing address (Schieffelin Road, Apex, NC) just below that in EA. i would suggest that you cross out "Management Entity" in EA and simply write in "Alternate Mailing Address for Permittee Contact". would leave section G. blank, since the Owner and Developer are one and the same. Linda From: Garry Pape <gpape@Rsp-consultinR.com> Sent: Thursday, December 06, 2018 4:40 PM To: Lewis,Linda <Iinda.lewis@ncde_n_r.gov> Cc: Tammy Spivey (tammy(@trasklandco.com) <tammy@trasklandco.com> Subject: [External] RE: Notice of Receipt of Stormwater Application SW8 040220 Linda, Will these revised pages work for the Address? The Permit will need to be mailed to the Apex address. - Garry From: Lewis,Linda [mailto:linda.lewis@ncdenr.gov] Sent: Thursday, December 06, 2018 12:12 PM To: robert(a)roberthighdevelopment.com Cc: Garry Pape; gshilgy@mungo.com Subject: Notice of Receipt of Stormwater Application SW8 040220 This is to let you know that the subject stormwater permit has been renewed on December 5, 2018 and is now in effect until November 22, 2026. In addition, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources accepted the subject Stormwater Management Permit Transfer application and $505.00 fee (Check #3000) on December 6, 2018. The project has been assigned to me (Linda Lewis) for review. The following additional information is requested in order to proceed with the transfer application: 1. The mailing address for the proposed permittee on the transfer application does not match the latest NCSOS filing. A copy of the transferred permit can be sent to a local office of Mungo Homes of North Carolina, but the address on the application needs to match up with the NCSOS filing. 2. The site will be inspected later today to determine the status of compliance. All of you will be notified of any compliance issues. Mungo Homes has checked the box that they will be responsible for restoring the system to compliance. Please note that the construction of built -upon area may not commence until the Stormwater Permit is transferred and modified. Upon the successful transfer of the permit, the modification will be entered and processed. Please be advised that the Division will only be sending one letter to cover all three or these actions: the renewal, the transfer and the. modification, upon approval of the modification. Thank you. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis@ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wiimington, NC 28405 ---Nothing Compares, Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Lewis.Linda From: Lewis,Linda Sent: Thursday, December 06, 2018 12:12 PM To: 'robert@roberthighdevelopment.com' Cc: 'Garry Pape'; 'gshiley@mungo.com' Subject: Notice of Receipt of Stormwater Application SW8 040220 This is to let you know that the subject stormwater permit has been renewed on December 5. 2018 and is now in effect until November 22, 2026. In addition, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources accepted the subject Stormwater Management Permit Transfer application and S505.00 fee (Check #3000) on December 6, 2018. The project has been assigned to me (Linda Lewis) for review. The following additional information is requested in order to proceed with the transfer application- 1 . The mailing address for the proposed permittee on the transfer application does not match the latest NCSOS filing. A copy of the transferred permit can be sent to a local office of Mungo Homes of North Carolina, but the address on the application needs to match up with the NCSOS filing. 2. The site will be inspected later today to determine the status of compliance. All of you will be notified of any compliance issues. Mungo Homes has checked the box that they will be responsible for restoring the system to compliance. Please note that the construction of built -upon area may not commence until the Stormwater Permit is transferred and modified. Upon the successful transfer of the permit, the modification will be entered and processed. Please be advised that the Division will only be sending one letter to cover all three or these actions: the renewal, the transfer and the modification, upon approval of the modification. Thank you. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis@ncdenr.� ocovv Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 \' `"Nothing Compares �.._ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. U 4-0ZZo ACTION BY Wl ITTI'N C(}NSENT Oh T11I? 130AR1) OF 1)1RECTORS OF CLAYTON PROPERTIES GROUP, INC. \ovembcr 30, 20I8 The undersigned, being all of the members of the Roard of Dircctors (the "Board") of Clayton Properties Group, Inc.; a "Tennessee corporation (the " Gaily" ), acting by written consent as permitted by Section 48-18-202 of the Tennessee Business Corporation Act and Section 3.6 of the llyiaws of the Company, hereby consent to the adoption of the following resolutions without a meeting and agree that such actions are taken with like effect and validity as though duly taken by the affirmative vote of the Board at a meeting duly called and legally held as of the date first written above: Appointment of Officers N1'll EAZEIAS, the Board believes it to be advisable and in the best interests of the Company and its shareholders for the Company to appoint certain individuals as officers of the Company. NOW, 'I'llEREFO11E, I314" IT RESOLVED. that the Board hereby appoints each of the following individuals to serve as an officer of the Company until such individual's successor is duly appointed or until such individual's earlier death, resignation, retirement, disqualification or rcrxioval: Name Position \lungo, Steven Vicc President Johnson, Stephen Assistant Secretary Condon; Christopher Assistant Secretary k1cloud, Jaynes Lee Assistant Secretary Shiley, Geoff assistant Secretary Brightwell, Leigh Assistant Secretary Anfinson, Caric Assistant Secretary Barrett_ Christopher Assistant Secretary C'vans, Steven Anthony Assistant Secretary Bricketto, Frederick Assistant Secretary Campbell, Brent Assistant Secretary Orourke, Leon assistant Secretary Carroll, Thomas Assistant Secretary Berry, Tabatha Assistant Secretary Clayton; Kristen Assistant Secretary Lusk, Katherine assistant Secretary Inabinet, R. Chris Assistant Sccrctary Kerce, Mark Assistant Secretary Reinhart, Jill assistant Secretary Kaufmann, ,Matthew Assistant Secretary Lowman, I9ichael Assistant Secretary Cox; Ford Todd Assistant Secretary Speiran, Adam assistant Secretary Moore; Randall Assistant Secretary General Rcsolutions RESOLVED, that the Board hereby authorizes and empowers each of the atahorired officers of the Company (the "Authorized Officers"), on behalf and in the name of the Company to prepare or cause to be prepared and to execute, deliver, verify, aeknowlcdge, file or record any documents, instruments, certificates; statements, papers; or any arnctulmcnts thereto, that such Authorized Officer deems necessary, appropriate or desirable in order to effectuate the actions approved in this Action by Writtcn Consent, and to take such further steps and do all such further acts or things as such Aulhori•r_ed Officer deems necessary, appropriate or desirable to carry out the intent of the resolutions set forth in this Action by Written Consent; FURTIIE R RESOLVED, that the authority and power given pursuant to this Action by Written Consent be deemed retroactive and that the Board hereby ratifies, approves and adopts all acts authorized by this Action by Written Consent performed prior to the execution of this Action by Wrinen Consent; and hURTIiER RESOLVE:): that the Board hereby directs the Secretary of the Company to place this Action by Written Consent in appropriate order in the books and records of the Company. The members of the Board are permitted to execute this Action by Wrinen Consent in counterparts; all of which taken together constitute but a single instrument. ISignatarre Page Follows] Each of the undersigned has executed this Action by Written Consent as of the date first written above for the purpose of evidencing (i) such undersigned's consent to the taking of the foregoing actions without a meeting and (ii) such undersigned's affirmative vote in favor of taking the foregoing actions. BOARD O ' DI R ' TORS: eith I: oldbrooks Mike Rutherford C� Linda Ponce [Signature Page to Action by Written Consent of the Board of Directors of Clayton Properties Group, Inc.] 13USINESS CORPORATION ANNUAL IZE13OR T =o-zoi� NAME OF BUSINESS CORPORATION: OaVton Pi-operfies Group), Inc. SECRETARY OF STATE -ID NUMBER: 0296674 STATE OF FORMATION: TN REPORT FOR THE FISCAL YEAR END: 1 2/31 /201 7 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: CT Corporation Svstern 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 150 FAYETTEVI LLE STREET E-Filed Annual Repori 0296674 CA201801900135 i11912018 10:01 Changes SIGNATURE CONS I IT U1 ES CONSLNT TO THL Af POIN T MEN'T 4. REGISTERED OFFICE MAILING ADDRESS 150 FAYETTEVILLE STREET Raleigh, NC 27601 Wake County Raleigh, NC 27601 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Real L' state Lessors 2. PRINCIPAL OFFICE PHONE NUMBER: (865) 380-3000 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 3. PRINCIPAL OFFICE EMAIL: Privacv Redaction 5. PRINCIPAL OFFICE MAILING ADDRESS 5000 Clayton Rd 5000 Clayton Rd Maryville, TN 37804-5550 Maryville, TN 37804-5550 6. Select one of the following if applicable. (Optional see instructions) The company 'is a veteran -owned small business The company is a service -disabled veteran -owned small business SECTION C: OFFICERS (Enter additional officers in Section E.) NAME: Linda Ponce TITLE: Assistant Sec ADDRESS: PO Box 4098 Maryville, TN 37802 NAME: Will Roberson NAME: Mike Rutherford TITLE: Assistant Secretary TITLE: President ADDRESS: PO Box 4098 Maryville, TN 37802 ADDRESS: PO Box 4098 Maryville, TN 37801 SECTION D: CERTIFICATION_ OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entAMES STARIHA 1/19/2018 SIGNATURE DATE Form must be sigrwe by an officer listed under Section C of lhi s form. JAMES STARIHA Secretary Prins or Type Name of Officer Print or Type Tille of Officer MAIL 1 O: Secretary of State, Business Registration Division, Post Orrice Box 29525, Raleigh, NC 27626-0525 SECTION E: ADDITIONAL OFFICERS NAME: M.VILS S"I AMI-IA NAME: DAlZ)-L ClIAFIN NAME: URIC CI-IAi it , TITLE. SeCretan, TITLE: Vice; President TITLE: V'( I'rCSrderlt. ADDRESS: ADDRESS: ADDRESS: PO BOX 4098 5000 CLAYTON ROAD 5000 CLAYTON ROAD MARYVILLE; TN 37802 MARYVILLE, TN 37804 MARYVILLE, TN 37804 NAME: FRI I)ER.ICK,I DFLl:131-RO NAME: ZALMAN KOHEN NAME: JODIE PALIN TITLE: Assistant Secretary TITLE: Assistant Secretary TITLE: Assistant secretary ADDRESS: ADDRESS: ADDRESS: 5000 CLAYTON ROAD 5000 CLAYTON ROAD 5000 CLAYTON ROAD MARYVILLE, TN 37804 MARYVILLE; TN 37804 MARYVILLE, TN 37804 NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE: ADDRESS: NAME: TITLE. ADDRESS: Name: TITLE: -ADDRESS: NAME: NAME: NAME: TITLE: TITLE: TITLE: ADDRESS: ADDRESS: ADDRESS: BUSINESS CORPORATION ANNUAL REPORT :"-2CE7 NAME OF BUSINESS CORPORATION: A'lnngo Homes ot'North Carolina, Nil SECRETARY OF STATE ID NUMBER: 0999305 STATE OF FORMATION: NC REPORT FOR THE FISCAL YEAR END: 1 2/31 /201 7 SECTION A: REGISTERED AGENT'S INFORMATION 1. NAME OF REGISTERED AGENT: Moore & AlDhln, PLLC 2. SIGNATURE OF THE NEW REGISTERED AGENT: led Annual Report 9305 101805912977 i12018 01:24 (j Changes SIGNATURE CONS] If UT ES CONSENT TO I'HEAPPOINIA4ENT 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS 3716 National Drive, Suite 100 3716 National Drive, Suite 100 Raleigh, NC 27612-4863 Wake County Raleigh, NC 27612-4863 SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: Real Lsiate Developlllent 2. PRINCIPAL OFFICE PHONE NUMBER: (803) 227-8481 3. PRINCIPAL OFFICE EMAIL: PrlvaCy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 441 Western Lane Irmo, SC 29063-9230 5. PRINCIPAL OFFICE MAILING ADDRESS 441 Western Lane Irmo, SC 29063-9230 6. Select one of the following if applicable. jOptional see instructions) The company is a veteran -owned small business The company is a service -disabled veteran -owned small business SECTION C: OFFICERS (Enter additional officers in Section E.) NAME: Steve Johnson TITLE: Trocici rror ADDRESS: 441 Western Ln Irmo, SC 29063 NAME: M Stewart Mungo TITLE: hrocirlont ADDRESS: 441 Western Ln Irmo, SC 29063 NAME: Geoff Shiley TITLE: llira prccirivnf ADDRESS: 441 Western Lane Irmo, SC 29063 SECTION D: QERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business ent y. teve Johnson 2/28/2018 SIGNATURF DATE Furm must be signed by an officef listed under Section C of this form. Steve Johnson Treasurer Print or Type Name of Officer Print or Type Title of Officer This Annual Report has been filed electronically. MAIL 10: Secretary of State, Busin"s Registration Division, Post Office Box 29525, Raloioh, NC 27626-0525 Lewis,Linda From: Lewis,Linda Sent: Thursday, November 01, 2018 10:13 AM To: robert@roberthighdevelopment.com' Cc: gshiley@mungo.com'; 'gpape@gsp-consulting.com'; Scott, Georgette Subject: SW8 040220 Porters Neck Commercial Development aka Villages at Plantation Landing 01 On August 27, 2018, the Division of Energy, Mineral and Land Resources received a request from Mungo Homes of North Carolina, Inc., to modify the subject stormwater permit. Since Mungo Homes is not the current permit holder, that request could not be accepted. On October 10, 2018, a permit transfer application was submitted, however, it was discovered today that the subject permit is set to expire on November 22, 2018 (after the permit extensions) and there is no application in house to renew the permit. Prior to transferring the permit, the permit must be renewed. The order of processing applications for this site is as follows: 1. Renew the permit (requires a $505.00 fee). The current permittee, Futch Creek Properties, LLC must complete and sign the renewal application, 2. Transfer the permit to Mungo Homes (requires a separate $505.00 fee); 3. Modify the permit (not sure if a fee is needed, depending on the extent of the modifications). Please note the following additional discrepancies: 1. The transfer application notes that the name of the project is the Villages at Plantation Landing, however, the project name currently bn file is Porters Neck Commercial Development. If you wish to change the name of the project, please either submit a Permit Information Update form, or check the box under Section A.2 General Information on the Transfer application to note that the project name has been updated from the current permit. 2. As stipulated in NCAC 02H.1040 (1)(a), in the case of a corporation, all applications must be signed by a person of at least the level of vice-president. I note that Mr. Shiley has signed the transfer application in various capacities — as an agent for Mungo Homes of North Carolina, Inc., as a Division President, and as the President. Per the NCSOS, Steve Mungo is the president, but Mr. Shiley is not listed. In order to accept Mr. Shiley's signature as the proposed permittee on the transfer application, the Division requires a letter of authorization signed by the appropriate authority (i.e., the president or vice president of Mungo Homes of North Carolina, Inc.), authorizing Mr. Shiley to sign on behalf of the corporation. The renewal application is available at this link: https://deg.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land- ruleslstormwater-p rogramlpost-construction The project was last inspected on April 23, 2014 and was found to be in compliance at that time. I do not know if the facility has been maintained in the last 4 years or not, nor do I know how much damage it sustained during Hurricane Florence. Another inspection is required prior to transferring the permit, however, Mungo Homes has the option to accept the permit "as is" (in writing) and to -agree to address any compliance issues after they become the permittee of record. If you wish to accept the permit "as is", please check the box under Section F on page 6 of 7 of the transfer application (the proposed permittee signature page). By checking that box and signing the application, you agree to restore and maintain the system at design condition. The transfer application and the application to modify are all on hold until the permit is renewed. Linda Lewis, E.I. Environmental Engineer III Division of Energy, Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis(dncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 : �-- Nothing Compares-..,._ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. State of North Carolina Department of the Secretary of State ARTICLES OF AMEnDMLN•r BUSINESS CORPORATION SOSID: 099930 Date Filed: 9/21/21118 7:47:410 AM Elaine h. iMarshall North Carolina Secretary of State C201 H 263 0-5912 Pursuant to §55-10-06 of the General Statutes of north Carolina, the undersigned corporation hereby submits the following Articles of Amendment for the purpose of amending its Articles of incorporation. 1. The name of the corporation is: Mungo Homes of North Carolina, Inc. 2. The text of each amendment adopted is as follows (State below or attach): See attached 3. If an amendment provides for an exchange, reclassification, or cancellation of issued shares, provisions for implementing the amendment, if not contained in the amendment itself, are as follows: Upon filing the Articles of Amendment, the Corporation will authorize the creation of 1,000 shares of no par value voting ar d 99,000 shares of no par value nonvoting common stock. Pursuant to the Plan of Recapitalization, 1 share of the voting common stock and 99 shares of the non voting stock will be exchanged for every 1 share of the issued and outstanding common stock. 4. The date of adoption of each amendment was as follows ttft7--- 5. (Check either a, b, c, or d, whichever is applicable) a.FIThe amendment(s) was (were) duty adopted by the incorporators prior to the issuance of shares: .b:F-1 The amendment(s) was (were) duly adopted by the board of directors prior to the issuance of shares. c._LJ_The arnendment(s) was (were) duty adopted by the board of director without shareholder action as shareholder action was not required because (set forth a brief explanation of why shareholder action was cot required.) d._ZThe amendment(s) was (were) approved by shareholder action, and such shareholder approval was obtained as required by Chapter 55 of the .North Carolina General Statutes. BUSINESS REGISTRATION DIVISION P. 0. BOX 29622 (Re vised July 20) 7) RALE,IGH, NC 27626-0622 (Torrn 3-02) P• t of `{ r ARTICLES OF AMENDMENT Page 2 6. These.articles will be effective upon fling, unless a delayed time and date is specified: 'Phis the t j! day of -41-*9 :: �,�j 20 18 Mungo Homes North Carolina, Inc. m� of Corporation ' e5l-ven W. Mungoti Pr2S��PyI Type or Pi in : Tame and Title NOTES: i. Filing fee is S50. This document must be filed with the Secretary of State. BUSNESS REGISTRATION DIVISION P. O. BOX 29622 (Revised July 2017) KA1, IGH, NC 27626-0622 (Form B-02) P. a o, 4 ARTICLES OF AMENDNIENT TO MUNGO HOB IE'S OF NORTH CAROLINA, INC. Paragraph T%vo of the Articics of Incorporation shall be amended to read as follows:. A. The Corporation is authorized to issue two classes of shares designated as "Common Shares". The total number of shares of all classes of stock which the Corporation shall have authority to issue is 100,000: 1,000 of such shares shall be voting common shares with no par value and 99,000 of such shares shall be nonvoting common shares with no par value. The voting common shares and the nonvoting common shares shall have identical rights except that the nonvoting common shares shall not entitle the holder thereof to vote on any matter unless specifically required by law. The relative rights, preferences, and limitations of such Common Shares are as follows: (a) Voting Common Shares. (1) Par Value. The Voting Common Shares shall have no par value. (2) Distribution Rights. Holders of Voting Common Shares shall be entitled to receive distributions when, as and if declared by the board of directors out of funds legally available therefor, whether in the form of cash, property or securities of the Corporation, ratably on a per-share basis with the holders of Nonvoting Common Shares. (3) Licauidation. In the event of any liquidation, dissolution, or �,vinding up of' this Corporation, whether voluntary or involuntary, the holders of Voting Common Shares shall be entitled to share pro rata with the holders of Nonvoting Common Shares in all of the remaining assets of this Corporation. A consolidation or merger of this Corporation with or into any other corporation or corporations shall not be deemed to be a liquidation, dissolution, or winding up within the meaning of this subparagraph (3). (4) Voting. Except where otherwise provided by law or by these Articles of Incorporation, the holders of Voting Common Shares shall have and possess the exclusive right to notice of shareholders' meetings and the exclusive voting --rights and powers to vote upon the election of directors or upon any question affecting the management or affairs of this Corporation. The voting Common Shares shall vote as a single class on all matters to be voted on by the shareholders of the Corporation; with each Common Share entitting its holder to one vote on each such matter except as provided by applicable law. The holders of the Nonvoting Common Shares shall not be entitled to any notice of shareholders-' mcctings or to vote upon the election of directors or upon any question affecting the management or affairs of this Corporation, except where such notice or vote is required by North Carolina law. (b) Nonvoting Common Shares. (1) Par Value. The Nonvoting Common Shares shall have no par value. (2) Distribution Rights. Holders of Nonvoting Common Shares shall be entitled to receive distributions when, as and if declared by the board of directors out of funds legally available therefor, whether in the form of cash, property or securities of the Corporation, ratably on a per-share basis with the holders of Voting Common Shares. A �,% nth / (3) Liquidation. In the event of any liquidation; dissolution; or winding up of this Corporation, whether voluntary or involuntan,. the holders of Nonvoting Common Shares shall be entitled to share pro rata with the holders of Voting Common Shares in all of- the remaining assets of this Corporation. A consolidation or merger of this Corporation with or into any other corporation or corporations shall not be deemed to be a liquidation, dissolution, or winding up within the meaning of this subparagraph (3). (4) Voting. The holders of Nonvoting Cornmon Shares shall have no voting rights, nor any right to notice of shareholders meetings, and the holders of such shares shall have not vote as a class or otherwise except as expressly required by North Carolina law. 11. Superrnajority Voting. The shareholders of the Corporation are hereby authorized to adopt or arnend a bylaw that fixes a greater quorum or voting requirement than is required by the North Carolina Business Corporation Act.. The adoption or amendment of a byla x that adds, changes, or deletes a greater quorum or voting requirement for shareholders must meet the same quorum requirement and be adopted by the same vote and voting groups required to take action under the quorum and voting requirements then in effect or proposed to be adopted, whichever is greater. jsaa3zav! 9.N ap[! Application Completeness Review Checklist Project Name: �1_�` l�, /� Crn_—CC Date Delivered to WIRO: �C f 0 Z-,.)T RIMS Received/Accepted Date: FA� MW Project Count Location: RIMS Acknowledged Date: / Cv_ Rule(s): E12017 Coastal 1:32008 Coastal 11199S Coastal Phase II ®Universal 01988 Coastal Permit Action: New / Major Mod / Minor Mod / Renew ran5fer *'New Permit #: :Dfxisting Permit #: Sc,v O `f b Sao Permit Type: HD / LD / LD Overall / HD &LD Combo General Permit / Offsite / Exempt / Rescission D<Cert on File? SCM Type(s): Offsite to SW8: ®Master PE Cert on File? Development Type: Commercial / Residential / Other Subdivided?: Su division or Sin le Lot For New or TQsfer d Permits Permittee is: Stream Class: �ropertyOwner(s) ®Developer ®Lessee ❑Purchaser ®HOA ®SA Map F-1ORW Map Paperwork Emailed Engineer on: FiSupplement(s) (1 original per BMP) ] &M with correct/original signatures (�I}o�r�`grnal per $MP except LS/VFS and swalesJ Application with correct/original signatures mail Address: Design Engineer nflarp or LLC: Sig. Auth. per SoS or Signature Authorization letter or report [/ Email Address: Property Owner 3505 (within 6mo) Check#(s): �j C5b J ONo Fee Died ®Soils Report: w/SHWT or General Report ®Email Address: Lessee ®Calculations (signed/seoled) Lease Agreement ®Deed Restrictions, if subdivided: ®Email Address: Purchaser F—i**Signed & Notarized Template ®Purchase Agreement Correct Template Comm Res & HD LD or' Dec. Covenants & Rest. DEma'tl Address: Developer ❑Recorded Covenants Email Address: HOA Representative Recorded Plats F150% or more Lots Sold List Project Narrative OUSGS Map Plans Wetlands: Delineated or No Wetlands M2 Sets Vicinity Map Project Boundaries Legend Layout (proposed BUA dimensions) FIDA Maps DDetaiis (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Existing Conditions Landscape Plan Grading ❑PE Seal REVIEWER NAME: NOTES TO REVIEWER: *Enter BIMS Acknowledged Date on this Sheet "FOR NEW Projects -Enter New Permit # on Supplements & Deed Restiction Templates. 2 �--� / sr fro ce 0V `� C 1CP� G:WQ111Reference Library\Procedures\Checklists\Completeness Review Checklist_2018 03 13 t J j Application Completeness Review Checklist rroject Name: �Gr'f���%lZC�LCDihM 4r-6;2( Date Delivered to WIRO: BIMS Received/Accepted Date: / r2rz�J Project County/Location: &Fch 77�e—zlL Tzo &_e,,,)770_n6VAffrMS Acknowledged Date: Rule(s): 1:12017 Coastal 1:12008 Coastal ED1995 Coastal ❑Phase II ®Universal 01988 Coastal Permit Action: New / Major Mod / Minor Mod Renewal ransfer **New Permit #: Existing Permit #:,SrG 'g�czzo Permit Type: HD LD / LD Overall / HD &LD Combo General Permit / Oftsite / Exempt / Rescission ®PE Cert on File? SCM Type(s): Ir 2 A [vl _ Offsite to SWS: Master PE Cert on File? Development Type: CommerciT/ Residential /Other Subdivided?: ubdivision or Sin le Lot For New or Transferred Permits Permittee is: Stream Class: 54 Property Owner(s) ®Developer Lessee ®Purchaser ❑HOA ®SA Map ®ORW Map Paperwork Emailed Engineer on: 1:1Supplement(s) (1 original per BMP) ®O&M with correct/original signatures (1 original per BMP excepf L5/VFS and swoles) ®Application with correct/original signatures ` /"E/7�w2 rJ ❑Email Address: Design Engineer ®Corp or LLC: Sig,. Auth.per SoS or Signature Authorization letter or report Email Address: Property Owner ®$505 (within 6mo) Check#(s): 4 Z '?53 MNo Fee Deed ®Soils Report: w/SHWT or General Report El Email Address: Lessee ®Calculations (signed/sealed) ®Lease Agreement ®Deed Restrictions, if subdivided: ®Email Address: Purchaser r—i**Signed & Notarized Template ®Purchase Agreement Correct Template (Comm/Res_& HD/LD) or Dec. Covenants_& Rest. ®Email Address: Developer ®Recorded Covenants Email Address: HOA Representative Recorded Plats 050% or more Lots Sold List ®Project Narrative DUSGS Map Plans 112 Sets Wetlands: Delineated or No Wetlands ❑Vicinity Map ❑Project Boundaries ®Legend Layout (proposed BUA dimensions) EDDA Maps Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc) Existing Conditions Landscape Plan Grading EIPE Seal REVIEWER NAME: NOTES TO REVIEWER: *Enter BIMS Acknowledged Date on this Sheet �. /•� **FOR NEW Projects -Enter New Permit # on L Supplements & Deed Restiction Templates. Once comp/e k 0776- G:WQ\\\Reference Libra ry\Procedures\Checklists\Completeness Review Checklist_2018 03 13 t GSP CONSULTING TO: 6626 Gordon Road, Unit C WILMINGTON, NORTH CAROLINA, 28411 (910) 442-7870 FAX (910) 799-6659 NC Division of Water Quality 127 Cardinal Drive Ext. Wilmin on, NC 28405 WE ARE SENDING YOU ® Fee Check ❑ Copy of Letter LETTER OE TRI�NSIuIITT/�L DATE 08/06'18 6- 2018-0002 ATTMNA O N PHONE# RE: Villages at Plantation Landing Stormwater permit (Conventional) wr ❑ Attached ❑ Under separate cover via the following items: ® Permit Applications ® Plans ® Calculations ❑ Specifications ❑ Change order ❑ Diskette ❑ COPIES DESCRIPTION 2 Sets of plans & calculations for state stormwater permit 2 Stormwater Management Permit Application Forms (one original, one copy) 1 Infiltration Basin Supplement 1 Infiltration Basin Operation and Maintenance Agreement 1 Application fee for $505.00 for conventional review THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: COPYTO: File r SIGNED: - Garry S. Pape, P.E. If enclosures are not as noted, kindly notify usatonce. F,, 2953 ` FIRST BANK localf irstbank.com Wilmington, NC 28403 66 456/531 7/21/2018 910-79 9.8755 a G 0 PAY TO THE NCDEQ `505.00 0 ORDER OF m Five Hundred Five and DOLLARS } U NCDEQ 5�6v,qodv22u Fenewol l MEMO Villages at Plantation Landing Stormwater AUIH RIZED SIGNATURE Trask Land Company, Inc. 1202 Eastwood Rd. Lewis,Linda From: Lewis,Li nda Sent: Friday, November 02, 2018 6:04 PM To: robert@roberthighdeveiopment.com' Cc: 'Tammy Spivey; 'gshiley@mungo.com'; Scott, Georgette Subject: Acknowledgement of Receipt of Application SW8 040220 The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources received the subject Stormwater Management Permit Renewal application and S505.00 fee (Check #2953) on November 2, 2018. The project has been assigned to Linda Lewis for review, As discussed, the check that originally accompanied the modification package (#2953) has been used for the renewal. If the modification requires a fee, you will be notified to provide another check, The first action will be to renew the permit to the current permittee, Futch Creek Properties, LLC. Once the permit is renewed, the second action will be to transfer the permit to the proposed permittee, Mungo Homes of North Carolina; Inc. Once the transfer is complete, the third action will be to review and approve the proposed modification. To save time and paper; the Division will provide just one document to acknowledge all three actions, but I will email each of you as each step is completed and we move on to the next step. You will be notified if additional information is required for any of these permit actions. Please be further advised that the construction of built -upon area may not commence until the Stormwater Permit is renewed, transferred, modified and reissued. Thank you. Linda Lewis, E.I. Environmenta! Engineer III Division of Energy; Mineral and Land Resources Department of Environmental Quality 910-796-7215 Office linda.lewis@ncdenr.gov Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 -�=- Nlothing Compar-es Email correspondence to and From this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Scott, Georgette From: Scott, Georgette Sent: Wednesday, October 24, 2018 4:16 PM To: 'Garry Pape' Subject: RE: [External] RE: Stormwater Permit Application for MOD to SW8 040220 Garry, got the transfer package. Once we do the transfer do you still want to do the mod? Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 Geor ette.Scott ncdenr. ov 127 Cardinal Drive Ext. Wilmington, NC 28405 Nothing Compares --.,— Email correspondence to and frow this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Garry Pape <gpape@gsp-consulting.com> Sent: Tuesday, October 02, 2018 12:58 PM To: Scott, Georgette <georgette.scott@ncdenr.gov> Subject: RE: [External] RE: Stormwater Permit Application for MOD to SW8 040226 Georgette, Hope you made it through the storm safely. I just heard from the Responsible Party and should have the form to you tomorrow. Sorry for the delay. Thanks. - Garry From: Scott, Georgette[mailto:georgette.scott@ncdenr.gov] Sent: Monday, September 10, 2018 9:18 AM To: Garry Pape Subject: RE: [External] RE: Stormwater Permit Application for MOD to SW8 040220 Ok. "fake your time. I will probably be out of the office a lot this week preparing for the hurricane;. Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-20(7� Georgette.Scott@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and Way be disclosed to third parties. From: Garry Pape <gpape@gsp-consulting.com> Sent: Monday, September 10, 2018 7:50 AM To: Scott, Georgette <georgette.scott@ncdenr.gooy> Subject: [External] RE: Stormwater Permit Application for MOD to SW8 040220 Georgette, I am working on getting this to you. The owner was out of town last week and I hope to have it to you today. - Garry From: Scott, Georgette [mailto: ear ette.scotk ncdenr. ov] Sent: Thursday, August 30, 2018 12:46 PM To: Garry Pape Subject: Stormwater Permit Application for MOD to SW8 040220 Garry, I have reviewed this application and found that I can not accept this application because Mungo Homes of NC, Inc. does not own this permit. Therefore they can not modify it. You will have to submit a transfer for them first then they can modify. If you can get the transfer application in here with $505.00 by the end of next week we could hold on to the mod and just complete it after the transfer is complete because it appears nothing has been built on the site yet. Also please keep in mind that we only have a partial PE CERT on the infiltration basin in the file. So the new owner will have to provide a final PE Cert for the infiltration system unless they would rather wait to transfer until the current permit provides the final PE cert for the system. Please let me know what you want to do. Georgette Scott State Stormwater Program Supervisor Department of Environmental Quality Office (910) 796 7215 Fax (910) 350-2004 Geo[gette-Scott@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 �"Nothing Compares--,- ,. ; CI_ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. North Carolina Secretary of State Search Results Page 1 of 1 • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online - Add Entity to My Email Notification List • View Filings • Print an Amended a Annual Report form • Print a Pre -Populated Annual Report form Limited Liability Company Legal Name FUTCH CREEK PROPERTIES, LLC Information Sosld: 0490321 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 4/5/1999 Registered Agent: Chappell, Christine Addresses Mailing Principal Office Reg Office 223 Greenville Ave 223 Greenville Ave 223 Greenville Ave Wilmington, NC 28403 Wilmington, NC 28403 Wilmington, NC 28403 Reg Mailing 223 Greenville Ave 74 � _ Q-a�IVE Wilmington, NC 28403 `yr242Q180 Company OfficiaEsW_ All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Member Robert M. High 223 Greenville Avenue Wilmington NC 28403 Member Sebrell T Singleton 3710 Murphy Rd Wilmington NC 28403 Member Raiford G Trask 1202 Eastwood Road Wilmington NC 28403 https://www.sosnc.gov/online_services/search/Business_Registration_Res... 10/24/2018 I N&T #03218 Project Name: Porters Neck Commercial Deve_iopment Stormwater Permit No. SW8 040220 New Hanover County BMP 1 BUA 1 Final 1 Partial DesigneesCertification (Circle either BMP or BUA and FInal or Partial) i, John S. Tunstall. P.E., as a duly registered Professional En, iq neer in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the BMP 1 BUA for the project, Porters Neck rDevelopment Commercial (Project) , ..,... for Futch Creek Properties L.LC (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the BMP 1 BUA construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specifications: 1. The flume from roadway shall be cleaned of all debris to allow water to flow to basin. Sediment has accumulated at end of flume and at rip rap is impeding flow. Please remove. 2. The NHC Emergency spillway was not installed on pre/post basin behind infiltration basin. 3. It appears that the 12" Bypass pipe at pre/post basin was installed lower than the plans and permit reflected. 4. At the time of the site visit, the 50' vegetated filter was holding water and vegetation was not observed within the bottom of the vegetated filter. The outfall ditch appears to be backing up water in the vegetated filter. 5. As -Built of stormwater facility was not provided for the partial certification. 6. Based on site observations after rainfall events, the stormwater infiltration basin appears to be functioning in accordance with the NC DENR permit. It appears the infiltration rate of the infiltration basin may have slightly decreased from design test infiltration rates. Signature Registration Number: NC 19851 Date ' SEAL40',�N"� '6.. SEAL r9 • ,(� 19851 7 tf; `'',�� '�•5'. '•T1.1a�r��' Page 1 of 2 { t N&T #03218 Project Name: Porters Neck Commercial Development Stormwater Permit No. SW8 040220 Note - complete all 17 items if this is a Final" certification. Please initial all blanks or note deviations on page 1 of this certification "Partial" Certification Requirements: 1. The outlet device elevations are per the approved plan. 2. The outlet device is located per the approved plans. 3. A Trash Rack is provided on the outlet device. 694- 4. All graded slopes are stabilized with permanent vegetation. 5. All graded and vegetated slopes are no steeper than 3:1. 6. The inlets are located per the approved plans and do not cause short- circuiting of the system. 7. The permitted amounts of surface area and/or volume have been provided. 8. Required drawdown devices are correctly sized and located at the correct elevation, per the approved plans. �9. All required design depths are provided. 10. All applicable required parts of the BMP are provided. 11. The permitted BMP dimensions are provided per the approved plans. Sto here if;tMis is a Partial-Ce-MEa—tiori:.Corntinue.if`t its is a Final"Certification 12- The drainage area to the system contains approximately the permitted acreage. 13. The drainage area to the system contains no more than the permitted amount of built -upon area. 14. All the built -upon area associated with the project is graded such that the runoff drains to the system. 15. All roof drains are located such that the runoff is directed into the system. 16. All components of the stormwater BMP and the conveyance system are located in either recorded common areas, or recorded easements. 17. The system has been restored to design condition. cc: NCDENR-DEMLR Regional Office City / County Building Inspections or Planning Dept. Raiford Trask, III Madison Bullington JSTlasn 03218 05-19-14-s-sw-designer cert.-partial Page 2 of 2 Robert High Properties, LLC 5725 Oleander Dr. E-7 Wilmington, NC 28403 May 19, 2004 To Whom It May Concern: I,� authorize Robert M. High to sign any Storm water permits for me, regarding Futch Creek Properties, LLC. If you should have any questions, feel free to call me at 910-350.0494 Ext. 112, or Robert at 910-790-9494. ;;X o Ralfo T Date obert HIghJDate RECEIVED MAY 2 1 2004 p nwQ PROD # Stu o C) ¢CaZZ2 4 .d �'l$if Alt S311H3dv�d H91H 18HOH �IVU:� VOU Sa aE► Sig Dqoaaa NEW HANOVER COUNTY Engineering Department 230 Government Center Drive • Suite 160 Wilmington, North Carolina 28403 TELEPHONE (910)-798-7139 Fax (910) 798-7051 Memorandum Date: I o To: NCDENR - WQ From: Beth Easley Wetherill Soil Erosion Engineer Beth E. Wetheriil, C.P.E.S.C. Soil Erosion Specialist Re: Sedimentation and Erosion Control Plans Grading Permit # Lfj?—t-$ VL The attached plans have been submitted for approval to New Hanover County Engineering. If you have any questions regarding these plans, please contact this office. `p 4 � i APPLICATION FOR PERMITFOR A LAND DISTURBING ACTIVITY Under the conditions set forth by The New Hanover County Soil Erosion and Sedimentation Cot trol Ordinance Fto 4+ P 21b ~6/ V File 2'� l- LD Fee Review Fee d Date Pd _ Date Pd 1 IS 6f 01-Is Engineering Department Applicant or Applicant's Agent: Muneo Homes of North Carolina, Inc. Mailing Address: 2521 Schieffelin Road, Suite #1 16 Telephone Number: 919-303-8525 Fax Number: Apex, NC 27502 Email Address: gshiley@mungo.com Total Acres of Land Disturbance: 8.75 acres Purpose of Development: Residential Subdivision Description of Land Disturbance: Clear and grade area for subdivision development Address Description of Land Disturbance: 8740 Market Street Latitude: 34' 19' 32" Longitude: ,77° 46' 41" Land owner(s) of record: Name: Muneo Homes of North Carolina. Inc Address: 2521 Schieffelin Road Suite#1 16 City/State: Apex, NC Zipcode: 27502 Telephone Number: 919-303-8525 Email STATEMENT OF FINANCIAL RESPONSIBILITY Person or firm(s) financially responsible for the land disturbing activity. If nut a North Carolina resident, you MUST have a N.C. agent. (List Below) Name: Muneo Homes of North Carolina. Inc Address: _2521 Schieffelin Road, Suite #1 16 City/State:— Apex, NC Zipcode: 27502 Telephone # 919-303-8525 Email Location of deed(s) or instrument(s): County: New Hanover Count Book: Page: The above information is true and correct to the best of my knowledge and belief and was provided by me while under oath. ('Phis form must be signed by the financially responsible person if an individual and by an officer, director, partner, attorney -in -Fact, or other person of authority to execute instruments for the financially responsible person if not an individual.) 1 agree to provide corrected information should there he any change in the information provided herein. Date: ? �� %l \ Name Signatu Title Division President D Ilt &-Of tic A•K,14+G . I, Reagan N. Morris a Notary Public of the County of Wake State of North Carolina, hereby certify that _Geoff Shiley appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him. Witness my hand and notarial seal, this -3crth day of Z;Z .20 18 . X6p'N N M0'111A' Notary My commission expires t)rPL-*x,,hl.t 4[ N OTA RY PUBLIC SEAL Permission to Enter on Land //,j Cout4l ;NX certify that I am authorized to grant and do in fact grant permission to the Erosion Control Inspector and his agents to entePb4111101M`in question in connection related to this permit application. Application Signature and Date GSP CONSULTING 6626 Gordon Road, Unit C WILMINGTON, NORTH CAROLINA, 28411 (910) 442-7870 FAX (910) 799-6659 To: Georgette Scott NC Division of Water Quality 127 Cardinal Drive Ext. —Wilmington, NC 28 0 LETTER O E RRIMA, II1I I TT>y L DATE 1o/1o/18 )OB No. 2018-0002 ATTENTION PHONE# RE: Villages at Plantation Landing Stormwater Aermit (Conventional) WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via ® Fee Check ® Permit Applications ® Plans ❑ Calculations ❑ Copy of Letter ❑ Change order ❑ Diskette ❑ the following items: ❑ Specifications COPIES DESCRIPTION 2 Sets of plans & calculations for state stormwater permit 2 Stormwater Management Permit Transfer Application Form 1 $5o5 Application Fee THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS: BY: 1 coPYTo: File SIGNED: - Garry S. Pape, P.E. If enclosures are not as noted, kindlynotify us at once. Book 6155 Page 440 BK: RB 6155 PG: 440 - 444 NC FEE $2600 2018021746 RECORDED: NEW HANOVER COUNTY, 0711112018 REAL ESTATE TAMMY THEUSCH BEASLEY 11:16:11 AM FXTX $2958 00 REGISTER OF DEEDS BY, ANGELA ENGUSH DEPUTY ELECTRONICALLY RECORDED SPECIAL WARRANTY DEED Rotumto, Eugene 8.OauEs,.lr. Attorney at Law Prepared by: MURCMSON, TAYLOR, & GIBSON, PLLC %jt Military cutoff Bid, Ste 341 16 North Fifth Avenue, Wilmington, NC 28401 Eton, NC 28403 WE PREPARED THE DEED IN THIS TRANSACTION BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. NORTH CAROLINA PARCEL: R02900-003-097-000 NEW HANOVER COUNTY REVENUE STAMPS:$ 2 T elm THIS SPECIAL WARRANTY DEED, made this V' day of 1 Iu , 2018, by and between FUTCH CREEK PROPERTIES, LLC, a North Carolina limited liability company with a mailing address of 223 Greenville Avenue, Wilmington, NC 28403 (herein called "Grantor"), and MUNGO HOMES OF NORTH CAROLINA, INC., a North Carolina corporation with a mailing; address of 441 Western Lane, Irmo, SC 29063 (herein called "Grantee"). WITNESSETH: NOW THEREFORE, the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to it in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does hereby bargain, sell and convey unto Grantee, its successors and assigns forever, in fee simple, all of that certain real property located in New Hanover County, North Carolina, and being more particularly described in Exhibit A attached hereto and incorporated herein by reference. SUBJECT TO (i) all easements, rights of way, agreements, maps, restrictions and other matters of record, if any; (ii) ad valorem taxes for current and subsequent years; (iii) an liens for municipal or county betterments or the like; (iv) all governmental land use statutes IrMCR WE and regulations, including zoning, subdivision and building regulations. a 9 2018 submitted electronically by "Eugene B. Davis, Jr. P.C." �Y in compliance with North Carolina statutes governing recordable documents ..� and the terms of the submitter agreement with the New Hanover County Reeggiyst rc —Oj D eds. t � 00200692 OCT 2 4 204vrt{Q gY: Book 6155 Page 441 TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said Grantee, its successors and assigns, in fee simple, forever. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, subject to all of those matters described herein. Pursuant to N.C.G.S. §105-317.2, none of the property herein described includes the primary residence of the Grantor. IN TESTIMONY WHEREOF, the said Grantor has caused #his instrument to be executed the day and year first above written. Futch Creek Properties, LLC a North Carolina limited liability company r BY: N ert ligh I . Member/Manager STATE OF NORTH CAROLINA COUNTY OF M w 1An o ve r (County where acknowledgment taken) I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purposes stated therein and in the capacity(ies) indicated above: Robert M. High [NOTE: Insert the name of the party executing document, not their title]. Date: on Official Signature of Notary: As name appears on seal] Printed Name of Notary: . A111 p=1&, K- 22�&S Inn [As name appears on seal] %,A„�F'"� My commission expires: & - z [OFFICIAL SEA. ,q NO T,q,� 0 :m C0\3'0 i 11 of 00200692 :CEI\/IE AU�2018 4 2418 BY: Book 6155 Page 442 EXHIBIT A Beginning at an iron pipe in the southeastern Right of Way line (50 feet from the center line) of US Highway 17 (Market Street) said iron pipe located northeastward 1532 feet as measured with said southeastern line from its intersection with the center line of Futch Creek Road (SR 1400); running thence from said beginning with the southeastern line of US Hwy 17 North 42' 30' 13" East 172.00 feet to an iron pipe at the center line of a 60 foot access and utility easement to be described hereinafter; thence continuing with said southeastern line North 42' 30' 13" East 172.00 feet to an iron pipe; thence South 49' 48' 37" East 431.04 feet to an iron pipe; thence North 42' 30' 31" East 172.02 feet to an iron pipe; thence South 49' 44' 56" east 286.80 feet to an iron pipe, South 49' 44' 56" East 186.14 feet to a point designated "A" a center line of a 60 foot access and utility easement to be described hereinafter; thence continuing South 49' 44' 56" East 630.26 feet to an iron pipe; thence South 40' 11' 03" West 171.20 feet to a point designated "B" on the center line at the southeastern terminus of a 60' access and utility easement to be described hereinafter; thence continuing South 40' 11' 03" West 171.50 feet to an iron pipe; thence North 49' 48' 57" West 322.42 feet to an iron pipe in a ditch; thence with said ditch South 22' 18' 41' West 132.37 feet to an iron pipe in the ditch; thence continuing with said ditch South 36' 04' 20" West 46.00 feet to an iron pipe in said ditch; thence North 49' 48' 44" West 1090.50 feet to the Point of beginning containing 13.20 acres being part of Tract 1 of the now or formerly Trask's land shown on map recorded in Map Book 33 Page 123 New Hanover County Registry, said map being the basis for this description. SUBJECT TO EASEMENTI: Subject to a 60 foot wide access and utility easement as shown on map recorded in Map Book 33 Page 123 New Hanover County Registry the center line of said easement is described as beginning at an iron pipe in the southeastern line (50 feet from the center line) of US Highway 17 (Market Street), said iron pipe located North 420 30' 13" East 172.00 feet as measured with said southeastern line from the beginning point of the tract herein above described; running thence from said beginning South 49' 48' 44" East 437.95 feet to the point of curvature of curve 1 as shown on said Map Book 33 Page 123; thence with said curve 1 southward and eastward 236.66 feet to the point of curvature in common with curve 2 as shown on said map; thence with said curve 2 eastward and southward 237.01 feet to the point of tangency; thence South 49' 44' 56" East 50.74 feet to a point designated Point "C" for reference in Easement 2 hereinafter; thence continuing South 49' 44' 56" East 444.32 feet to the southeastern terminus of this 60 foot easement, said terminus point is designated Point "B" in the 13.20 acres tract herein above described. SUBJECT TO EASEMENT 2: Subject to an access and utility easement 60 feet in width, the center line of which is described as beginning at the point designated "C" in Easement I herein above described; running thence from said beginning North 40' 15' 04" East 171.20 feet to the northeastern terminus of this 60 foot easement, said terminus point is designated Point "A" in the 13.20 acre tract herein above described. IECE IvF— �`��� � 2818 QE! 00200692 Book 6155 Page 443 SAVING AND EXCEPTING THE FOLLOWING (TRACT ONE AND TRACT TWO) FROM THE ABOVE DESCRIBED 13.20 ACRES: TRACT ONE: A 3.36 acre portion of Deed Book 2595, at Page 745 and Tract No. 1, Map Book 33, at Page 123. A certain tract or parcel of land in Harnett Township, New Hanover County, North Carolina lying to the Southeast of US Highway No. 17 and Northeasterly from Futch Creek Road (SR No. 1400), being described as follows: Beginning at an iron pipe, a corner of Tract No. 1 as shown on a plat of the "Coupland-Trask" lands recorded in Map Book 33, at Page 123 of the New Hanover County Registry, said iron pipe also being a corner of the 120.84 Acre Tract of Harnett Waterfront, LLC recorded in Deed Book 2604 at Page 182 of the New Hanover County Registry and a corner of the 13.20 Acre Tact of Futch Creek Properties, LLC recorded in Deed Book 2595 at Page 745 of the New Hanover County Registry, said iron pipe being located S 51 ° 40' 35" E 693.93 feet from NCGS Monument "Kirkland 1932", with the coordinates of N(y)=206,049.01 and E(x)=2,368,993.64 (NAD 1983), Thence with a new line of Tract No I and a common line of Futch Creek Properties, LLC with Harnett Waterfront, LLC S 50' 03' 14" E 161.10 feet to an iron pipe, the true point of beginning; Thence from said true point of beginning with a common line of Futch Creek Properties, LLC with Harnett Waterfront, LLC S 490 39' 27" E 469.24 feet to an iron pipe, a corner of Tract No. 1: thence with lines common with Tract No 1 and Futch Creek Properties, LLC S 40' l F 03" W 171.20 feet to an iron pipe located in the centerline of a 60 feet wide easement, thence S 40' 1 F 03" W 171.50 feet to an iron pipe; thence N 49' 48' 57" W 322.42 feet to an iron pipe, thence with new lines of Tract No. I and Futch Creek Properties, LLC N 491 41' 47" W 40.00 feet to an iron pipe, thence N 40' 15' 04" E 136.84 feet to an iron pipe; thence N 49' 44,561, W 106.99 feet to an iron pipe, thence N 40' 1 F 10" E 35.00 feet to an iron pipe located in the center of the 60' wide easement; thence N 40" 1 F 10" E 171.95 feet to an iron pipe, the true point of beginning, containing 3.36 acres, more or less, and being a portion of the above -referenced tract of Futch Creek Properties, LLC. The above -described tract containing 3.36 acres, more or less, is described in that deed from Futch Creek Properties, LLC and recorded in Book 3586, Page 899 of the New Hanover County Registry, reference to which deed is hereby made for a more particular description. TRACT TWO: Being all that certain tract or parcel of land lying in the Harnett Township and being bound on the North and East by now or formerly SSP Investments, Inc. as recorded in Deed Book 3599, Page 442 in the New Hanover County Public Registry. Bounded on the South and West by now or formerly Futch Creek Properties, LLC as recorded in Deed Book 2595, Page 745 and being more particularly described as follows: 00200692 ECEIVE AUG 18 BY: Hook 6155 Page 444 Beginning at an existing iron pipe, a corner of Tract 1 as shown on a plat of the "Coupland- Trask" lands recorded in Map Boole 33, Page 123, said iron pipe being located S 32' 03' 16" E 1051,61' from NCCS Monument "Kirkland 1932" with coordinates of (NAD 1983) N=206,049.01 and E=2,368,993.64; Thence running N 49' 41' 47" W 40.00 to a point, said point being the Southwestern corner of a 3.36 acre tract deeded to SSP Investments, Inc. as recorded in Deed Book 3599, Page 442 and also being the place and Point of Beginning. Thence running N 490 41' 47" W 25.00' to a point. Thence running N 40' 15' 04" E 136.82' to a point. Thence running S 49' 44' 56" E 25.00' to a point. Thence running S 40' 15' 04" W 136.84' to the place and point of beginning and containing 3,421 square feet and being a portion of the property conveyed to Futch Creek Properties, LLC as referenced above. The above -described tract containing 3,421 square feet is described in that deed from Futch Creek Properties, LLC and recorded in Book 3949, Page 518 of the New Hanover County Registry, reference to which deed is hereby made for a more particular description. 00200692 6 BY: �ECEIVEj, AUG2016 er: Operation & Maintenance Agreement Project Name: Project Location: Ce records shall be Kept on Villages at Plantation Landing 8740 Market Street, Wilmington, NC 28411 The BMP(s) on this project include (check all that apply & corre Bioretention Cell Quantity: Dry Detention Basin Quantity: Grassed Swale Quantity: Green Roof Quantity: Infiltration Basin Quantity: 1 Infiltration Trench Quantity: Level SpreaderNFS Quantity: Permeable Pavement Quantity: Proprietary System Quantity: Rainwater Harvesting Quantity: Sand Filter . Quantity: Stormwater Wetland Quantity: Wet Detention Basin Quantity: Disconnected Impervious Area Present: No User Defined BMP Present: No O&M tables Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): Location(s): in a log in a known set wul be aaaea automaticall INothern corner of Prooertv I I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures Signature: ` Responsible Party: Geoff Shiley Title & Organization: President 1 Mun o Homes of North Carolina Inc Street address: 2521 Schieffelin Road, Suite #116 City, state, zip: Apex, INC 27502 Phone number(s): 919-303-8525 � L a rj aF Date: 7` 3d). Zon .01 ' " A-C. #Me - I, Reagan N. Morris a Notary Public for the State of North Carolina County of Wake do hearby certify that Geoff Shiley personally appeared before me this "3o+'-% day of Q;4 _ and acknowledge the due execution of the erations anA Maintenance AgreemerO Witness my hand and official seal,p N 416 Q N� NOTARY PUBLIC Sea! "IllimillO CEIVE 8 L RY: My commission expires: c�A�xti Y-,L�g qn a Q 2 4 2018 BY: A I s Infiltration System Maintenance Requirements Important maintenance procedures: - The drainage area will be carefully managed to reduce The sediment load to The infiltration basin. Immediately after the infiltration basin is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). No portion of the infiltration basin will be fertilized after the initial fertilization that is required to establish the vegetation. - The vegetation in and around the basin will be maintained at a height of approximately six inches. After the infiltration basin is established, it shall be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance shall be kept in a known set location and shall be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How to remediate the problem: The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the Areas of bare soil and/or Regrade the soil if necessary to remove the gully, and then plant a infiltration basin erosive gullies have formed. ground cover and water until it is established. Provide lime and a one- time fertilizer application. The inlet device: pipe or The pipe is clogged (if Unclog the pipe. Dispose of the sediment off -site. Swale applicable). The pipe is cracked or Replace the pipe. otherwise damaged (if applicable). Erosion is occurring in the Regrade the Swale if necessary to smooth it over and provide erosion swale (if applicable), control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The forebay Sediment has accumulated Search for the source of the sediment and remedy the problem if and reduced the depth to 75% possible. Remove the sediment and dispose of it in a location where it of the original design depth. will not cause impacts to streams or the BMP. Erosion has occurred or Provide additional erosion protection such as reinforced turf matting or, riprap is displaced. riprap if needed to prevent future erosion problems. Weeds are present. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than spraying. The main treatment area A visible layer of sediment Search for the source of the sediment and remedy the problem if has accumulated. possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Replace any media that was removed in the process. Revegetate disturbed areas immediately. Water is standing more than 5 Replace the top few inches of filter media and see if this corrects the days after a storm event. standing water problem. If so, revegetate immediately. If not, consult an appropriate professional for a more extensive repair. Weeds and noxious plants Remove the plants by hand or by wiping them with pesticide (do not are growing in the main spray). treatment area. po— The embankment Shrubs or trees have started Remove shrubs or trees immediately. = '11LA= 0 V C:.[, to grow on the embankment. r An annual inspection by an appropriate professional v..� Make all neededr repairs.wry -»' OCT 2 4 2018 BY: shows that the embankment needs repair. The outlet device Clogging has occurred. Clean out the o'Nret device. Dispose of the sediment off -site. The outlet device is damaged Repair or replace the outlet device. sr Version 1.4 O&M Manual Page 3 of 4 The receiving water Erosion or other signs of Contact the local NC Department of Environment and Natural damage have occurred at the Resources Regional Office. outlet. BY: E V A7" BY: STORM-EZ 8/24/2018 Version 1.4 O&M Manual Page 4 of 4 NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. J. Phillip Norris, P.E. John S. Tunstall, P.E. 1127 Floral Parkway, Suite 400 • Wilmington, NC 26403-6240 • Phone (910) 343-9653 • Fax (910) 343-9604 LETTER OF TRANSMITTAL To: Linda Lewis Date: May 23, 2014 --]Job No. 03218 NC DENR - Stormwater Dept. Subject: Porters Neck Commercial Development New Hanover County State'SW Permit No. SW$ 040220 WE ARE SENDING YOU VIA HAND DELIVER ❑ ATTACHED ❑ UNDER SEPARATE COVER ❑ SHOP DRAWINGS ❑ PRINTS ® CERTIFICATION ❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER ❑ FAX TRANSMITTAL: NUMBER OF PAGES INCLUDING THIS TRANSMITTAL Call 910-343-9653 If you have any difficulty receiving this message. COPIES DATE NO. DESCRIPTION 1 05-23-14 Signed, Dated & Sealed Partial Engineer's Certification rEQUESTED YOUR USE ❑ FOR REVIEW AND COMMENT ❑ FOR APPROVAL ❑ FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US REMARKS: cc: Madison Buliington (E-Mail Only) SIGNED John S. Tunstall, P.E. 1 asn CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged and confidential, intended for the sole use of the addressee. If you are not the addressee or the person responsible for delivering it to the addressee you are hereby notified that any dissemination, distribution or copying of this document is strictly prohibited. If you have received this document in error please immediately notify the sender and return to the address above. N&T #03218 Project Name: Porters Neck Commercial Development -' Stormwater Permit No. SW8 040220 New Hanover County BMP 1 BUA I Final 1 Partial Designer's Certification (Circle either BMP or BUA and Final or Partial) I, John S. Tunstall, P.E., as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the BMP 1 BUA for the project, Porters Neck Commercial Development (Project) for Futch Creek Properties, LLC (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the BMP 1 BUA construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specifications: 1. The flume from roadway shall be cleaned of all debris to allow water to flow to basin. Sediment has accumulated at end of flume and at rip rap is impeding flow. Please remove. 2. The NHC Emergency spillway was not installed on pre/post basin behind infiltration basin. 3. It appears that the 12" Bypass pipe at pre/post basin was installed lower than the plans and permit reflected. 4. At the time of the site visit, the 50' vegetated filter was holding water and vegetation was not observed within the bottom of the vegetated filter. The outfall ditch appears to be backing up water in the vegetated filter. 5. As -Built of stormwater facility was not provided for the partial certification. 6. Based on site observations after rainfall events, the stormwater infiltration basin appears to be functioning in accordance with the NC DENR permit. It appears the infiltration rate of the infiltration basin may have slightly decreased from design test infiltration rates. Signature Registration Number: NC 19851 Date 1' 7: SEAL r i 985'i Page 1 of 2 N&T #03218 Project Name: Porters Neck Commercial Development Stormwater Permit No. SW8 040220 Note - complete all 17 items if this is a "Final' certification. Please initial all blanks or note deviations on page I of this certification "Partial" Certification Requirements: 1. The outlet device elevations are per the approved plan. 2. The outlet device is located per the approved plans. 3. A Trash Rack is provided on the outlet device. V5. .All graded slopes are stabilized with permanent vegetation. All graded and vegetated slopes are no steeper than 3:1. �6. The inlets are located per the approved plans and do not cause short- circuiting of the system. 7. The permitted amounts of surface area and/or volume have been provided. S. Required drawdown devices are correctly sized and located at the correct elevation, per the approved plans. 9. All required design depths are provided. 10. All applicable required parts of the BMP are provided. �11. The permitted BMP dimensions are provided per the approved plans. Stop here if this is a Partial Certification. Continue if this is a Final Certification: 12. The drainage area to the system contains approximately the permitted acreage. 13. The drainage area to the system contains no more than the permitted amount of built -upon area. 14. All the built -upon area associated with the project is graded such that the runoff drains to the system. 15. All roof drains are located such that the runoff is directed into the system. 16. All components of the stormwater BMP and the conveyance system are located in either recorded common areas, or recorded easements. 17. The system has been restored to design condition. CC' NCDENR-DEMLR Regional Office City 1 County Building Inspections or Planning Dept. Raiford Trask, III Madison Bullington JSTlasn 03218 05-19-14-s-sw-designer cert.-partial Page 2 of 2 Lewis,Linda From: Lewis,Linda Sent: Thursday, April 24, 2014 6:21 PM To: 'Pam Latter' Subject: RE: Detention ponds/property - 8740 Market St. Pam I revisited the site to see for myself what was going on. I didn't see anything that is a compliance issue at this time, other than the lack of a Certification, which should be taken care of shortly. The system is an infiltration system, meaning that water will stage up to a certain elevation and will simply infiltrate into the ground over time- no more than 5 days (give or take) from the end of the rain event. Over the Easter weekend our area received anywhere from 2" — 4" of rain. This system is designed to handle 1.5" of rain, which is the minimum required by the State at the time this permit was issued. If the drawdown of the 1.5" rain event repeatedly takes longer than 5 days, then we can require that maintenance be done on the bottom of the basin to restore the infiltrative capacity. Aging basins suffer from an effect called "blinding off" where the larger sediment particles in the runoff fill up the pore spaces in the sandy bottom of the basin, causing a gradual decrease in the soils infiltration rate. If left alone, the bottom eventually "blinds off' where the water just sits on top and can't infiltrate. Removal of this build-up is a routine maintenance item required for all infiltration basins. If it rains a lot every 5 days, you should expect to see standing water to varying degrees in this basin, especially when the lots develop. The rain that is currently falling on the now empty lots and infiltrating will eventually become runoff into the infiltration basin. The runoff appears to be making it into the system and filling up the system as it was designed to do. They did remove the overgrowth in the rocks that had previously impeded the flow into the basin. If the road is maintained by DOT, then you may be able to lodge a complaint about slow -moving water with the DOT. There is a maximum "gutter spread" of water into the road that is allowed before it is considered a hazard to the traveling public. The permit only requires that the runoff is directed into the BMP, which it is. There is no stormwater rule requirement that it do so without backing up into the street. The DOT might have something to say about the standing water in the road which might help you. From an aesthetics.standpoint, the basin may be somewhat of an eyesore to the homeowners, but it is a functional water quality device . I cannot require the owners to remove the trees and brush that were cut and left on the ground. There is no stormwater rule specifying that the property or the BMP has to be aesthetically pleasing to the neighbors. As long as the trees and brush do not interfere with the function of the BMP (which I did not see happening) there is nothing else to be done. I certainly do appreciate that someone is keeping an eye on things out there. Please keep me in the loop if you see anything that you have a question or concern about. Linda From: Pam Latter [mailto:pslatterl@aoi.com] Sent: Tuesday, April 22, 2014 5:06 PM To: Lewis,Linda Subject: Re: Detention ponds/property - 8740 Market St. Thank you for your prompt response & for following up in a very professional manner. Pam -----Original Message ----- From: Lewis,Linda <linda.lewis(a@ncdenr.gov> To: Pam Latter <psiatterl (cDaol.com_ > Cc: chris <chris c@kuester.com> Sent: Tue, Apr 22, 2014 9:50 am Subject: RE: Detention ponds/property - 8740 Market St. Thank you for the update. I will swing by sometime this week after my lunch break and check on it. It is very concerning that the trees and brush were not removed from the site, but from a compliance standpoint, they are not required to physically make the site "beautiful" or to transport the cut trees and brush from the site. That will probably come later when the lots are marketed for sale. I can only deal with the question of function. Standing water is allowed in the infiltration system up to 5 days. The system is not designed to contain large amounts of rain — only the first 1.5". If the standing water is not gone by this Friday (April 25), which is 5 days, and it does not rain again in those 5 days, then I can discuss the standing water issue with the permittee and require remediation of the system to restore the infiltration capacity. ) still have not received the PE certification from the owner's yet. I'll pursue from that angle and hope that the site improves. Thanks. Linda From: Pam Latter (mailto:pslatterl c@aol.coml Sent: Monday, April 21, 2014 9:35 AM To: Lewis,Linda Cc: chris(abkuester.com Subject: Detention ponds/property - 8740 Market St. Dear Ms. Lewis, Just wanted to give you a quick update/status. Back in Jan 2014 crews were sent to this property and a lot of the underbrush in the wooded areas on both sides of Plantation Landng Drive was bushhodged along with many small to medium sized trees knocked down. However none of the brush and/or trees were removed but was simply cut down & left on the ground. The detention ponds themselves were mown but no changes were made to any of the drainage inflows or outflows. Since that work no other improvements or modifications appear to have been made. Now that we've had a lot of rain the water is simply standing & does not appear to be draining properly. The Board of Directors continue to get complaints from owners in Plantation Landing about this property, it actually looks much worse than it did since the overgrowth that was cut down and the ponds appear to be clogged up even worse than before. We understand there may not be any recourse but we wanted to keep you informed. Thank you again for your help. Pam Latter, Treasurer (Past President) Plantation Landing HOA, Inc. 910 686 1405 910 200 5432 Lewis,Linda From: Madison Bullington <madison@trasklandco.com> Sent: Thursday, April 24, 2014 2:10 PM To: Lewis,Linda Cc: Raiford Trask; Bruce Chappell; John Tunstall Subject: Re: Porters Neck Commercial Development SW8 040220 Linda, I will look into this right away, I have the engineer going to the site today. Madison Bullington Operations Manager/Broker Trask Land Company 910.799.8755 (o) 910.599.0558 (c) Sent from my iPhone On Apr 24, 2014, at 2:07 PM, "Lewis,Linda" <linda.lewis@ncdenr.gov> wrote: Madison: I received another complaint from the Plantation Landing HOA regarding the subject project. After the Easter weekend rains V'4' locally) the basin filled up and is retaining water. Since this is an infiltration system that is designed to "hold" the runoff while it infiltrates, this isn't a compliance issue now, however, it will be if the standing water is not completely gone within 5 days of the end of the rain event, i.e., by tomorrow. The HOA was also concerned about the trees and underbrush that were cut and left lying on the ground to rot, as part of the recent maintenance effort. This is not a permit violation and is not within the purview of the stormwater rules. I cannot require that those cut trees and brush be removed unless they take up storage volume or impede the flow of runoff. I advised the HOA that it would probably be done before the lots were put up for sale, to increase their aesthetic value. I conducted a follow-up inspection yesterday because as of today, I still have not received the designer's certification that was originally requested back in November 2013. A new deadline of January 31, 2014 passed without receiving the certification. I believe we had discussed providing a "partial" certification for the BMP /road only. Please see the attached inspection report. I really need to have that certification in hand within the next 30 days (May 24, 2014). If it's not submitted, I will need to proceed to a Notice of Violation and enforcement action. Thank you. Linda Lewis Environmental Engineer III Division of Energy, Mineral and Land Resources Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Main Office — 910-796-7215 Direct Line — 910-796-7343 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Caw and may be disclosed to third parties. <2014 04 CL[_f3[MS O40220.pdf5 Compliance Inspection Report Permit: SW8040220 Effective: 11/22/04 Expiration: 11/22/18 County: Now Hanover Region: Wilmington Owner: Futch Creek Properties LLC Project: Porters Neck Commercial Development Futch Crk Rd hwy 17 Market St Wilmington NC 28403 Contact Person: Robert M High Title: Phone: 910-790-9490 Directions to Project: East side of Market $t., 2450 ft. north from the intersection of Futch Crk. Rd. and SR 1400 and Market Street US 117. Type of Project: State Stormwater - Infiltration System Drain Areas: 1 - (Futch Creek) (03-06-24 ) ( SA;HQW) On -Site Representative(s): Related Permits: Inspection Date: 04123/2014 Entry Time: 03:00 PM Primary Inspector: Alida R Lewis Secondary Inspector(s): Reason for Inspection: Follow-up Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ■ Not Compliant Question Areas: E State Stormwater (See attachment summary) Exit Time: 03:05 PM Phone: 910-796-7215 Inspection Type: Compliance Evaluation Page: 1 Permit: SW8040220 Owner - Project: Futch Creek Properties LLC Inspection Date: 04/23/2014 Inspection Type: Compliance Evaluation Inspection Summary: The following deficiencies still remain from the previous inspection: 1. The Designer's Certification has not been submitted. 2. A copy of the recorded deed restrictions has not been submitted. 3. The basin is not completely drawing down within 5 days. Please provide the following to comply with the permit: Reason for Visit: Follow-up 1. Submit he Designer's Certification. 2. Record the deed restrictions prior to selling any lots and submit a copy to DEMLR. 3. Maintain the infiltration capacity of the infiltration basin such that complete drawdown is achieved within 5 days. File Review Is the permit active? Signed copy of the Engineer's certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file? Copy of the recorded deed restrictions is in the file? Comment: 1. The system is in place and has been maintained, but the required Designer's Certification has still not been submitted. Per response from permittee, the certification was to be submitted by January 31, 2014. 2. No lots have been sold. Deed restrictions must be recorded prior to the sale of any lots. Yes No NA NE ■ ❑ ❑ ❑ ❑ ■ ❑ ❑ ■ ❑ ❑ ❑ ❑ ■ ❑ ❑ Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ ■ ❑ ❑ Comment: 3. The infiltration basin is holding water. Our area received 2%4" of rain over the Easter weekend, and the basin is still holding water. It wilt be rechecked on April 25, as that marks the end of the allowable 5 day drawdown time. If the basin does not completely drawdown within 5 days, additional maintenance will be needed to restore the infiltration capacity of the basin. Another option would be to convert to a different BMP designed under the 2008 coastal rules. Page: 2 Lewis,Linda 5GU U ¢ a ZZO From: Pam Latter <pslatter1@ao1.com> Sent: Monday, April 21, 2014 9:35 AM To: Lewis,Linda Cc: chris@kuester.com Subject: Detention ponds/property - 8740 Market St. Dear Ms. Lewis, Just wanted to give you a quick update/status. Back in Jan 2014 crews were sent to this property and a lot of the underbrush in the wooded areas on both sides of Plantation Landng Drive was bushhogged along with many small to medium sized trees knocked down. However none of the brush and/or trees were removed but was simply cut down & left on the ground. The detention ponds themselves were mown but no changes were made to any of the drainage inflows or outflows. Since that work no other improvements or modifications appear to have been made. Now that we've had a lot of rain the water is simply standing & does not appear to be draining properly. The Board of Directors continue to get complaints from owners in Plantation Landing about this property, it actually looks much worse than it did since the overgrowth that was cut down and the ponds appear to be clogged up even worse than before. We understand there may not be any recourse but we wanted to keep you informed. Thank you again for your help. Pam Latter, Treasurer (Past President) Plantation Landing HOA, Inc. 910 686 1405 910 200 5432 I Lewis,Linda From: Lewis,Linda Sent: Tuesday, December 10, 2013 4:26 PM To: 'Madison Bu!lington' Subject: RE: Porter's Neck Commercial Dev. SW8 040220 Thank you for the reply, Madison. I have no problem whatsoever with a deadline of January 31, 2014. I'll put a copy of this email in the file so anybody else who wants information about the status of compliance, such as the neighboring HOA, can see that it is being addressed. I'll also flag my Outlook calendar to remind me to call/email you on January 31't if I haven't received anything by then. Happy Holidays! Linda From: Madison Bullington[mailto:madison@trasklandco.com] Sent: Tuesday, December 10, 2013 4:14 PM To: Lewis,Linda Subject: Porter's Neck Commercial Dev. SW8 040220 Linda, I received the attached DENR letter of non-compliance for the above referenced property on behalf of Futch Creek Properties, LLC. I have instructed Nick Garner with Coastal Carolina Resource Group to go out and examine the items that need to be addressed. It's my understanding that he has been talking with you regarding this. I would like to respectfully request an extension for the maintenance of this stormwater system. I'm currently awaiting a proposal from Nick for getting the pond maintenance up to code. From there he has informed me that his company can get the work finished in approximately 3-4 days. Once up to code, we will hire a monthly maintenance company to ensure this system stays in compliance & get PE signature on the required certification. Due to the holidays, if Futch Creek Properties has the work completed before the end of January 2014 would there be an issue? MADISON BULLINGTON Operations Manager/Broker Trask Land P 910.799.8755 F 910.799.8785 �#O E madison@trasklandco.com 1202 Eastwood Road I Wilmington, NC 29403 www.TraskLandCo.com www.facebook.com/tlandco Per NC Real Estate Law, please review "Working with Real Estate Agents". CONFIDENTIALITY STATEMENT This email transmission contains information from Trask Land Company, Inc., which is privileged and confidential. It is intended only for the use of the addressee(s) shown above. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of such information is strictly prohibited. If you have received this e-mail in error, please immediately notify us by reply e-mail or telephone. Thank you County Pond rn udetStructure Veg. Filter County Pond E 0- A` 7 M ' 12" RCP Basin Outlet Structure Infiltration Basin Y r . 18 RCP Basin inlet Pie - � " p 1$" RCP Basin Inlet Pipe 11 12" RCP Special Junction box Bypass Junction Box13 Dro- �—"�"�`-- p inlet r1 Drop 9nlelt— ,0o'gle pd th STATE OF NORTH CAROLINA Department of Environmental and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 (910)796-7215 FILE ACCESS RECORD SECTION'LY1 TBAE/DATE 11• l5 Ll'?� �_ _ -- NAME Nn �crt; �i �aNnE-a� REPRESENTING l r-�,� t ,fit � ^} ...,, E Sri► gs 6 Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily available to the public for review and copying. We also have the responsibility to the public to safeguard these records and to carry out our day-to-day program obligations. Please read carefully the following guidelines signing the form: 1. Due to the large public demand for file access, we request that you call at least a day in advance to schedule an appointment to review the files. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at 4:45pm, Anyone arriving without an _appointment may view the, files to the extent that time and stall' supervision is available. 2. You must specify files you want to review by facility_ nam_ e. . The number of files that you may review at one time will be limited to five. 3. You may make copies of a file when the copier is not in use by the staff and if time permits. Cost per copy is .05 cents for copies. There will be no fee if the total calculated charge is less than $5.00. Payment may be made by check, money order, or cash at the reception desk Copies can also be invoiced for your convenienm 4. FILES MUST BE KEPT IN ORDER YOU FOUND THEM. Files may not be taken from the office. To remove, alter, deface, mutilate, or destroy material in one of these files is a misdemeanor for which you can be fined up to $500.00. No briefcases large totes etc. are permitted in the file review area. 5. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which payment has been refused. FACILITY NAME COUNTY 3. ecr !z -S- 3 g;c� q;ass Signature and Name of Finn/Business Date Time In Time Out Please attach a business card to this form COPIES MADE 33 PAID INVOICE S:Admin.fire access NC®ENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Tracy E. Davis, PE, CPM Pat McCrory, Governor Director John E. Skvarla, III, Secretary November 19, 2013 Raiford Trask, Member/Manager Futch Creek Properties, LLC 5725 Oleander Drive, E-7 Wilmington, NC 28403 Subject: Notice of Inspection — Non Compliant Porters Neck Commercial Development Permit No. SW8 040220 New Hanover County Dear Mr. Trask: On October 31, 2013, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR) inspected Porters Neck Commercial Development in New Hanover County to determine the status of compliance with the State Stormwater Management Permit Number SW$ 040220 issued on November 22, 2004. DEMLR file review and site inspection revealed that the site is not compliant with the terms and conditions of this permit. Please find a copy of the completed form entitled "Compliance Inspection Report" attached to this letter, which summarizes the findings of the recent inspection As indicated in the attached inspection report, the following deficiencies must be resolved: 1. The Designer's Certification has not been submitted. 2. The offline bypass and vegetated filter could not be located. 3. The stormwater system is not being maintained. 4. Ownership is uncertain and it is unknown whether any lots have been subdivided and/or sold. 5. A copy of the recorded deed restrictions has not been submitted. Please inform this Office in writing before December 19, 2013, of the specific actions that will be undertaken and the time frame that will be required to correct the deficiencies. Failure to provide the requested information, or to respond to this letter by the due date, may initiate enforcement action including the assessment of civil penalties of up to $25,000 per day. If a written plan of action is not submitted to this office by December 19, 2013 then DEMLR staff will re -inspect the site and issue a Notice of Violation if the listed deficiencies have not been addressed. If the project has changed its name, or is under new ownership, or if the owner has a new mailing address, it is your responsibility to submit a completed and signed Name/Ownership Change form to DEMLR at least 30 calendar days prior to making such changes. Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, Nofth Carolina 28405 Phone: (910) 796-7215 / Fax: (910) 350-2004 Mr. Trash November 19, 2013 SW8 040220 Page 2 of 2 If you have any questions, please contact me at the Wilmington Regional Office, telephone number (910)-796-7343 or via email at linda.lewis@ncdenr.gov. Sincerely, Linda Lewis Environmental Engineer III Enc: Compliance Inspection Report OS DSlarl: G:1WQ1Shared\StormwaterTermits & Projects120041040220 HD1201311 CEI_deficient 040220 cc: Christine Chappell, Registered Agent, 1123 Military Cutoff Road John Tunstaill, P.E., Norris & Tunstall Engineering Georgette Scott, Wilmington Regional Office Stormwater Supervisor WiRO Stormwater File Compliance Inspection Report Permit: SW8040220 Effective: 11/22/04 Expiration: 11/22/18 County: New Hanover Region: Wilmington Owner: Futch Creek Properties LLC Project: Porters Neck Commercial Development Futch Crk Rd hwy 17 Market St Wilmington NC 28403 Contact Person: Robert M High Title: Phone: 910-790-9490 Directions to Project: East side of Market St., 2450 ft. north from the intersection of Futch Crk. Rd. and SR 1400 and Market Street US 117. Type of Project: State Stormwater - Infiltration System Drain Areas: 1 - (Futch Creek) (03-06-24) ( SA;HQW) On -Site Representative(s): Related Permits: Inspection Date: 10/31/2013 Entry Time. 11:50 AM Primary Inspector: Alicia R Lewis Secondary Inspector(s). Reason for Inspection: Complaint Permit Inspection Type: State Stormwater Facility Status: ❑ Compliant ® Not Compliant Question Areas: ® State Stormwater (See attachment summary) Exit Time: 12:07 PM Phone: 910-796-7215 Inspection Type: Compliance Evaluation Page: 1 Permit: SW8040220 Owner - Project: Futch Creek Properties L LC Inspection Date: 10/31/2013 Inspection Type: Compliance Evaluation Reason for Visit: Complaint Inspection Summary: The following deficiencies were noted during the inspection: 1. The Designer's Certification has not been submitted. 2. The offline bypass and vegetated filter could not be located. 3. The stormwater system is not being maintained. 4. Ownership is uncertain and we do not know if any lots have been subdivided or sold. 5. A copy of the recorded deed restrictions has not been submitted. Please submit the following items or perform the follwoinn tasks to bring this project into compliance: 1. Submit the required Designer's Certification. 2. Verify the presence of the offline bypass and vegetated filter, or maintain or install per the approved plans. 3. Maintain the system to design condition. 4. If ownership has changed please submit the completed and signed Name/Ownership Change form. 5. If any of the lots have been subdivided and/or sold, please submit a copy of the recorded deed restriction statements as found in the permit. Page: 2 Permit: SW8040220 Owner - Project: Futch Creek Properties LLC Inspection Date: 10/31/2013 Inspection Type: Compliance Evaluation Reason for Visit: Complaint File Review Yes No NA NE Is the permit active? Signed copy of the Engineer's certification is in the file? Signed copy of the Operation & Maintenance Agreement is in the file?. Copy of the recorded deed restrictions is in the file? Comment: 1. The required Designer's Certification has not been submitted. 2. A copy of the recorded deed restrictions has not been submitted. Built Upon Area Is the site BUA constructed as per the permit and approval plans? Is the drainage area as per the permit and approved plans? Is the BUA (as permitted) graded such that the runoff drains to the system? Comment: 3. Not all of the BUA has been constructed. To date, it appears that only the road is built. CIA) RA --.- Are the SW measures constructed as per the approved plans? Are the inlets located per the approved plans? Are the outlet structures located per the approved plans? Comment: 4. The offline bypass and vegetated filter could not be located. It appears the vegetated filter was relocated into the existing drainage ditch. 5. The system includes the county -required basin I pond, which is also overgrown. Operation and Maintenance Are the SW measures being maintained and operated as per the permit requirements? M 0 0 U ®❑❑❑ ®❑ ❑ ❑ Yes No NA NE ❑®nn e❑❑❑ ❑®❑❑ Yes No NA NE ❑®❑❑ Are the SW SMP inspection and maintenance records complete and available for review or provided to DWQ ❑ ❑ ❑ upon request? Comment: 6. The system is very overgrown and inlets are being blocked off by the vegetated overgrowth, causing potential flooding of the street. The system does not appear to be maintained at all. Other Permit Conditions Yes No NA NE Is the site compliant with other conditions of the permit? ❑ ®❑ n Comment: 7. It is unclear whether the permittee, Futch Creek Properties, LLC, still owns the project, or if any lots have been subdivided or sold. Page: 3 1\;orth Carolina Secretary of State Page 1 of 1 Account Login Register Norm Garollhm EjBH?eF Mersha11 DEPARTMENTOF THE Secretary SECRETARY O1= TATE PQ PAx 29922 RAeitlh. ND 276DO-M 011907-MO Date: 1111 I2013 Click here to: View Document Filings I File an Annual Report j J Print a Pre -populated Annual Report Fillable PDF Form I Amend A Previous Annual Report Corporation Names Name Name Type NC FUTCH CREEK PROPERTIES, LLC LEGAL Limited Liability Company Information SOSID: Status: Effective Date: Citizenship: State of Inc.: Duration: Annual Report Status: Registered Agent 0490321 Current -Active 4/5/ 1999 DOMESTIC NC DEC 2049 CURRENT Agent Name: CHAPPELL, CHRISTINE Office Address: 1123 MILITARY CUTOFF ROAD WILMINGTON NC 28405 Mailing Address: 1123 MILITARY CUTOFF ROAD WILMINGTON NC 28405 Principal Office Office Address: 1123 MILITARY CUTOFF ROAD WILMINGTON NC 28405 Mailing Address: 1123 MILITARY CUTOFF ROAD WILMINGTON NC 28405 Officers Title: MANAGER Name: ROBERT M HIGH Business Address: 5725 OLEANDER DRIVE, E-7 WILMINGTON NC 28403 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 1911 http://www.secretary.state.nc.us/corporations/Corp.aspx?Pitemld=4642856 11 /1 /2013 - CA2013119805659 ` sos(n: 0490321 • "' Date Filed: 4/8/2013 10:36:00 AM Elaine F. Marshall LIMITED LIABILITY ' COMPANY ANNUAL North Carolina Secretary of State CA20.13 098 05659 NAME OF LIMITED LIABILITY COMPANY: FLITCH CREEK PROPERTIES, LLC SECRETARY OF STATE 10 NUMBER: 049032) STATE OF FORMATION: NC Ring ofteUse Only IRE" -PORT FOR THE YEAR: 2013 9OCTIION A: REGIMEN Aramrs-moRmATigN [] Changes 1. NAME OF REGISTERED AGENT: Christine Chappell 2. SIGNATURE OF THE NEW REGISTERED AGENT: s: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 4. REGISTERED OFFICE MAILING ADDRESS 1123 Military Cutoff Road 1123 Military Cutoff Road Wilmington, NC 28405 New Hanover Wilmington, NC 28405 WCTION B:9EE10-INEMATION 1. DESCRIPTION of NATURE OF BUSINESS; real estate investment 2. PRINCIPAL OFFICE PHONE NUMBER: (910) 790-9490 4: PPtI�CIPAiCOFFICE StREtT' ADDRESS & COUNT( 1123 Military Cutoff Road Wilmington, NC 28405 New Hanover 3. PRINCIPAL OFFICE EMAIL: 5. PRINCIPAL OFFICE MAILING ADDRESS 1123 Military Cutoff Road Wilmington, NC 28405 SECTION C: MAN MSIMEMISERSIORGANIZERS (Enter additionat Managers/Members/Organizers in Section E.) NAME: Robert M High NAME: NAME: TITLE: Manager TITLE: TITLE: ADDRESS: 5725 Oleander Drive ADDRESS: ADDRESS: E-7 Wilmington, NC 28403 SECTION D: C TIEIC O ANN-UAL LtEPQRT. Section 0 must be completed in its entirety by a personthusiness entity. Fom1 il4u§t "signed by 9 Mah "' rlMember'tisted under Section C of this form, Prints 3ypaiWantovfMAanag mbar TITLH - - SUBMIT THIS ANTlLI REpnnT WjU THE REQUIRED F Ib{G FEE nIssaa MAIL TO: Secretary of State, Corporations Wslon, Post Office Box 29525, Raleigh. NC 2762"525 �OF WATFRQ Michael F. Easley, Governor O G William G. Ross, Jr., Secretary r North Carolina Department of Environment and Natural Resources o t Alan W. Klimek, P.E. Director Division of Water Quality November 22, 2004 Mr. Raiford Trask, 111, Member/Manager Futch Creek Properties, LLC 5725 Oleander Drive, E-7 Wilmington, NC 28403 Subject: Stormwater Permit No. SW8 040220 Porters Neck Commercial Development High Density Subdivision Project New Hanover County Dear Mr. Trask: The Wilmington Regional Office received a complete Stormwater Management Permit Application for Porters Neck Commercial Development on September 2, 2004. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 040220 dated November 22, 2004, for the construction of the subject project. This permit shall be effective from the date of issuance until November 22, 2014, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Linda Lewis, or me at (910) 395-3900. Sincerely, Rick Shiver Regional Supervisor Surface Water Protection Section RSSlarl: S:1WQSISTORMWATIPERMIT1040220.nov04 cc: John Tunstall, P.E., NKT Engineering Tony Roberts, New Hanover County Inspections Beth E. Wetherill, New Hanover County Engineering Linda Lewis Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 395.3900 Customer servicel-877.623-6748 one Wilmington Regional Office Wilmington, NC 28405-3845 FAX (919) 733-2496 Internet h2o.enr.state.nc.us NorthCarolina An Equal OpportunitylAfBrmabve Action Employer— 50% Recycled110% Post Consumer Paper Naturally State Stormwater Management Systems Permit No. SW8 040220 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Raiford Trask, lll, and Futch Creek Properties, LLC Porters Neck Commercial Development New Hanover County FOR THE construction, operation and maintenance of an infiltration basin in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until November 22, 2014, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to -the nature and volume of stormwater described in the application and other supporting data. 2. This infiltration basin stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. The subdivision is permitted for an undetermined number of lots. Each future lot will be allowed a maximum of 75% of its total area in built -upon area (BUA). Prior to the sale of any lot, the 75% BUA will be converted to a square footage and recorded with the deed as a deed restriction. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The basin must be operated with a 50' vegetated filter. 5. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. Page 2 of 8 State Stormwater Management Systems Permit No. SW8 040220 W. The following design elements have been permitted for this infiltration basin stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: Onsite, ft : Offsite, ft2: b. Total Impervious Surfaces, ft2 Lots at 75% ft2: Roads/Parking, ft2: Other, ft2: Offsite, ft2: C. Basin Depth, feet: d. Design Storm: e. Bottom Elevation, FMSL: f Permitted Surface Area @Bottom, ft2 g Permitted Storage Volume, ft3: h. Storage/Bypass Elevation, FMSL: i Type of Soil: j. Expected Infiltration Rate, inlhr k. Time to Draw Down, hours: m. Receiving Stream 1 River Basin: n. Stream Index Number: o. Classification of Water Body: II. SCHEDULE OF COMPLIANCE 8.05 350,658 0 217,800 197,000 20,800 0 . ...1.55 1.5" 38.35 18,000 30,050 39.9 Sand 14 1.4 Futch Creek 1 Cape Fear CPF24 18-87-19 "SA" 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. Page 3 of 8 State Stormwater Management Systems Permit No. SW8 040220 4._. The permittee. shall submit to the Director and shall have received approval for. revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 7. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. Infiltration systems should not be used as erosion control devices, due to the potential clogging. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 8. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 9. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, filter media, catch basins and piping. g. Access to all components of the system must be available at all times. 10. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 4of8 State Stormwater Management Systems Permit No. SW8 040220 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 12. Prior transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 13. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 040220, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is 75% of the lot area. This allotted amount includes any built -upon area. constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. h. Built -upon area in excess of the permitted amount will require a permit modification. i. Each lot within the subdivision, whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the lot. 14. Prior to the sale of any lot, the permittee shall convert the 751/6 BUA number to a square footage and record the square footage with the deed. 15. A copy of the recorded covenants and deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. Page 5 of 8 State Stormwater Management Systems Permit No. SW8 040220 16. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 17. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. III. GENERAL CONDITIONS I . This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Permit issued this the 22nd day of November 2004. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION t Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Page 6 of 8 Porters Neck Commercial Development Stormwater Permit No. SW8 040220 New Hanover County Designer's Certification State Stormwater Management Systems Permit No.' SW8 040220 Page 1 of 2 as a duly registered in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: Signature Registration Number Date SEAL Page 7of8 State Stormwater Management Systems Permit No. SW8 040220 Certification Requirements: Page 2of2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built -upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. cc: NCDENR-DWQ Regional Office Tony Roberts, New Hanover County Building Inspections Page 8 of 8 A&K #03218 OFFIGE�USE•ONLY ,o.. . D� to Received Fee Paid Permit Number State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may he photocopied for use as 017 originu! 1. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc, wlio owns the project): Futch Creek Properties, LLC 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): Robert M. High 3. Mailing Address for person listed in item 2 above: 5725 Oleander Drive, E-7 City: Wilmington State: NC Zip: 28403 Telephone Number: (910) 790-9490 4. Project Name (subdivision, facility, or establishment name — should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Futch Creek Properties, LLC Porters Neck Commercial Development 5. Location of Project (street address): 2,540 ft north of intersection of Futch Creek Road & Hwy 17 Market along Market St (US 17) City: Wilmington County: New Hanover 6. Directions to project (from nearest major intersection): East side of Market Street 2450 ft north from the intersectin of Futch Creels Road and SR 1400 and Market St US 117 7. Latitude: N340 18' 00" Longitude: W77° 4600" of project 8. Contact person who can answer questions about the project: Name: John S. Tunstall, P.E. Telephone Number: (910) 343-9653 II. PERMIT INFORMATION 1. Specify whether project is (check one) x New Form SWU-101 Version 3.99 Page 1 of 4 Renewal Modification 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the Existing permit number And its issue date (if known) 3. Specify the type of project (check one): L.ow Density X High Density Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): CAMA Major X Sedimentation/Erosion Control 404/401 Permit NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. 111, PROJECT INFORMATION In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative l' (one to two pages) describing stormwater management for the project. See narrative. Stormwater will be treated by infiltration basin. 2. Stormwater runoff from this project drains to the Cape Fear River Basin. 3. "Total Project Area: 8.05 ac 4. Project Built Upon Area: 62.11 % 5. I -low many drainage areas does the project have? 1 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin information.,.. �'. '' f � -` 1:` .; ,Drainage, Area .lf� G ".�,, .' Drainagea?►rear2# `. Receiving Stream Name unnamed tributary to Futch Creek Receiving Stream Class SA Drainage Area 8.05 Ac = 350,658 SF. Existing Impervious * Area 0 Ac. Proposed Impervious* Area 5.0 Ac. = 217,800 SF Impervious* Area (total) 62.11 % rlin,pery�ousx Su`rface'Area:;m, Grp `„iF,`.Y' �Drainage4Area1 ;,e' �,' rsa DraiiiaeArea2 On -site Buildings See other on site On -site Streets 20,800 SF = 0.4775 AC On -site Parking See other on site On -site Sidewalks See other on site Other on -site (future commercial lots impervious Area 75%) 197,000 SF = 4.52 AC Off -site 0 Total: 5:0 AC = 217,800 SF Total Form SWU-101 Version 3.99 Page 2 of 4 * Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas sidewalks, gravel areas, etc. How was the off -site impervious area listed above derived? NIA IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. The folloyving covenants are intended to ensure ongoing compliance with state storrtnvater management permit number as issued by the Division of Water Quality, 'These covenants may not be changed or deleted without the consent of the State. No more than 75% squGe fc t of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface ofswimming pools. S4vales shall not be filled in, piper, or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. All permitted runoff from outparcels or f aure development .shall be directed into the permitted storm water control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form S WU-102 Form SWU-103 Form SWU-104 Form SWU-105 Form SWU-106 Form SWU-107 Form SWU-108 Form SWU-109 Wet Detention Basin Supplement Infiltration Basin Supplement Low Density Supplement Curb Outlet System Supplement Off -Site System Supplement Underground Infiltration Trench Supplement Neese River Basin Supplement Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. Please indicate that you have provided the following required information by initialing in the space provided next to each item. • Original and one copy of the Storinwater Management Permit Application Form • One copy of the applicable supplement form(s) for each BMP • Permit application processing fee of $420 (payable to NCDENR) • Detailed narrative description of stormwater treatment / management Two copies of plans and specifications, including: - Development 1 Project name - Engineer and firm - Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property / project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Wetlands delineated, or a note on plans that none exist - F'sisting drainage (including off -site), drainage easements, pipe sizes, runoff calculations Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on you[ - behalf, please complete this section. John S. Tunstall, P.E. Designated agent (individual or firm): Andrew & Kuske Consulting Engineers, Inc. Mailing Address City: Wilmington 902 Market Street Phone: (910) 343-9653 VI11. APPLICANT'S CERTIFICATION State: NC Zip: 28401 Fax: (910) 343-9604 I, (print or type name of pmrson listed in General It fog minion, item 2) Robert M. High Certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 2H.1000. Signature: Form SWU-101 Version 3.99 Page 4 of 4 Date: / A&K #03218 Permit No. State of North Carolina (to be provided by DWQ) Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM INFILTRATION BASIN SUPPLEMENT This form may he photocopied for use as an original DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes a stormwater application form, an infiltration basin supplement for each system, design calculations, soils report and plans and specifications showing all stormwater conveyances and system details. I. PROTECT INFORMATION Project Name: Futch Creek Properties, LLC Contact Person: Robert M. High Phone Number: (910) 790-9490 This worksheet applies to: Basin No. 1 in Drainage Area 1 (as identified on plan) (from Form SOV-101) 1I. DESIGN INFORMATION — Attach supporting calculations/documentation. The soils report must be based upon an actual field investigation and soil borings. County soil maps are not an acceptable source of soils information. All elevations shall be in feet mean sea level (fmsl). Soils Report Summary Soil Type Infiltration Rate SHW'I' Elevation Basin Design Parameters Design Storm Design Volume Drawdown Time Basin Dimensions Basin Size Basin Volume Provided Basin Elevations Bottom Elevation Storage Elevation Top Elevation Form SWU-103 sand 14 :�9or cf/hr/sf (circle appropriate units) 36.35 fins] (Seasonal High Water Table elevation) 1.5 inch 32,016 c.f. 0.06 Days irregular ft. x A 30.050 c.f. Version 3.99 38.35 frnsl 39.9 fins] 41.0 fmsl (1.5 inch event for SA waters, I inch event for others) Page 1 of 3 (Bottom @ 3 8.3 5 ft. = 18,000 SF sq. ft (bottom dimensions) 20,775 SF (Top @ 39.9) III. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials a. System is located 50 feet from class SA waters and 30 feet from other surface waters. b. System is located at least 100 feet from water supply wells. c. Bottom of system is at least 2 feet above the seasonal high water table. d. Bottom of the system is 3 feet above any bedrock or impervious soil horizon. e. System is not sited on or in fill material DWQ approval has been obtained. f. System is located in a recorded drainage easement for the purposes of operation and maintenance and has recorded access easements to the nearest public right-of-way. g. Drainage area for the device is less than 5 acres. Soils have a minimum hydraulic conductivity of 0.52 inches per hour and soils report is attached. i. System captures and infiltrates the runoff from the first 1.0 inch of rainfall Onch event for areas draining to SA waters). Design volume and infiltration calculations attached. j. System is sized to take into account the runoff at the ultimate built -out potential from all surfaces draining to the system, including any off -site drainage. Calculations attached. k. All side slopes stabilized with vegetated cover are no steeper than 3:1 (FIX). 1. A pretreatment device such as a catch basin grease trap, filter strip, grassed swale or sediment trap is provided. in. Bottom of the device is covered with a layer of clean sand to an average depth of 4 inches. or dense vegetative cover is provided n. Vegetated filter is provided for overflow and detail is shown on plans (Required minimum length is 50 feet for SA waters, 30 feet for other waters o. Flow distribution mechanism within the basin is provided. p. A benchmark is provided to determine the sediment accumulation in the pretreatment device. q. Runoff in excess of the design volume bypasses off-line systems (bypass detail provided). r. System is designed to draw down the design storage volume to the proposed bottom elevation under seasonal high water conditions within five days. A soils report and all pertinent draw -down calculations are attached. s. Plans ensure that the installed system will meet design specifications (constructed or restored) upon initial operation once the project is complete and the entire drainage area is stabilized. Form SWU-I03 Version 3.99 Page 2 of 3 IV. INFILTRATION BASIN OPERATION AND MAINTENANCE AGREEMENT After every runoff producing rainfall event and at least monthly inspect the infiltration system for erosion, trash accumulation, vegetative cover, and general condition. 2. Repair eroded areas immediately, re -seed as necessary to maintain adequate vegetative cover, mow vegetated cover to maintain a maximum height of six -inches, and remove trash as needed. After every runoff producing rainfall event and at least monthly inspect the bypass, inflow and overflow structures for blockage and deterioration. Remove any blockage and repair the structure to approved design specifications. 4. Remove accumulated sediment from the pretreatment system and infiltration basin annually or when depth in the pretreatment unit is reduced to 75% of the original design depth. The system shall be restored to the original design depth without over -excavating. Over -excavation may cause the required water table separation to be reduced and may compromise the ability of the system to perform as designed. Removed sediment shall be disposed of in an appropriate manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling near a stormwater treatment device or stream, etc.). A benchmark shall be established in the pretreatment unit. The benchmark will document the original design depth so that accurate sediment accumulation readings can be taken. The measuring device used to determine the depth at the benchmark shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. 1.161 Pg-cmw -M,- car CtO-4 -_?9.9 Fiwj When the design depth read<nE✓� 38.14 feet in the pretreatment unit, the sediment shall be removed from both the pretreatment unit and the infiltration basin. If the Division determines that the system is failing, the system will immediately be repaired to original design specifications. If the system cannot be repaired to perform its design function, other stormwater control devices as allowed by NCAC 2H .1000 must be designed, approved and constructed. I acknowledge and agree by my signature below that I am responsible for the performance of the five maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print Name and Title: Robert M. High Address: 5725 Oleander Drive, E-7 Wilmington. NC Phone: 910-790-9490 Signature: Date: Note: The legally responsible party should not be a honieornners association unless more than 50% of the lots hare been sold and a resident of the subdivision has been named the president. I, .feria M. Coleman a Notary Pubic for the State of North Carolina County of New Hanover , do hereby certify that Robert M. High day of and acknowledge the due basin maintenance requirements. Witness my hand and official seal. SEAL y commission expires 10-10-07 Signature �/r�,An Form SWU-103 Version 3.99 Page 3 of 3 personally appeared before me this $01ARY rig infiltration Robert High Properties, LLC 5725 Oleander Dr. b-7 Wilmington, NC 28403 May 19, 2004 To Whom It May Concern: authorize Robert M. High to sign any Storm water permits for me, regarding Futch Creek Properties, LLC. If you should have any questions, feel free to call me at 910-350-0494 Ext. 112, or Robert at 910-790-9494. Raifor T Date obert High/Date RECEIVED MAY 2 1 2004 DWQ PROJ# S.v904OZZO OlHdOHd HS€H A39H �-IVF 6 tCOZ State Stormwater Management Systems Permit No. SW8 040220 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Raiford Trask, lll, and Futch Creek Properties, LLC Porters Neck Commercial Development New Hanover County FOR THE construction, operation and maintenance of an infiltration basin in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules'} and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until November 22, 2014, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This infiltration basin stormwater system has been approved for the management of stormwater runoff as described on page 3 of this permit, the Project Data Sheet. The subdivision is permitted for an undetermined number of lots. Each future lot will be allowed a maximum of 75% of its total area in built -upon area (BUA). Prior to the sale of any lot, the 75% BUA will be converted to a square footage and recorded with the deed as a deed restriction. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 4. The basin must be operated with a 50' vegetated filter. 5. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. Page 2 of 8 State Stormwater Management Systems Permit No. SW8 040220 6 The following design elements have been permitted for this infiltration basin stormwater facility, and must be provided in the system at all times. a. Drainage Area, acres: 8.05 Onsite, ft2: 350,658 Offsite, ft2: 0 b. Total Impervious Surfaces, ft2: 217,800 Lots at 75% ft2: 197,000 Roads/Parking, ft2: 20,800 Other, ft2: 0 Offsite, ft2: 0 C. Basin Depth, feet: 1.55 d. Design Storm: 1.5" e. Bottom Elevation, FMSL: 38.35 f Permitted Surface Area @Bottom, ft2: 18,000 g Permitted Storage Volume, ft3: 30,050 In. Storage/Bypass Elevation, FMSL: 39.9 i Type of Soil: Sand j. Expected Infiltration Rate, inlhr: 14 k. Time to Draw Down, hours: 1.4 m. Receiving Stream 1 River Basin: Futch Creek 1 Cape Fear n. Stream Index Number: CPF24 18-87-19 o. Classification of Water Body: "SA" II. SCHEDULE OF COMPLIANCE 1. No homeowner/lot owner/developer shall fill in, alter, or pipe any drainage feature (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 2. The permittee is responsible for verifying that the proposed built -upon area for the entire lot, including driveways and sidewalks, does not exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 3. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. Page 3 of 8 State Stormwater Management Systems Permit No. SW8 040220 4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to the approved plans, regardless of size. b. Project name change. G. Transfer of ownership. d. Redesign or addition to the approved amount of built -upon area. e. Further subdivision, acquisition, or sale of all or part of the project area. The project area is defined as all property owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to the project should require a modification to the permit. 6. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface. 7. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. Infiltration systems should not be used as erosion control devices, due to the potential clogging. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 8. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 9. The permittee shall at all times provide the operation and maintenance necessary to assure that all components of the permitted stormwater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of structures, orifice, filter media, catch basins and piping. g. Access to all components of the system must be available at all times. 10. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 4of8 State Stormwater Management Systems Permit No. SW8 040220 11. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual, 12. Prior transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities performed to date will be required. 13. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 040220, as issued by the Division of Water Quality under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is 75% of the lot area. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures. h. Built -upon area in excess of the permitted amount will require a permit modification. Each lot within the subdivision, whose ownership is not retained by the permittee, must submit a separate Offsite Stormwater Management Permit application package to the Division of Water Quality and receive a permit prior to any construction on the lot. 14. Prior to the sale of any lot, the permittee shall convert the 75% BUA number to a square footage and record the square footage with the deed. 15. A copy of the recorded covenants and deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamp/signature of the Register of Deeds. Page 5 of 8 State Stormwater Management Systems Permit No. SW8 040220 16. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 17. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a "Name/Ownership Change Form" must be submitted to the Division of Water Quality accompanied by appropriate documentation from the parties involved. This may include, but is not limited to, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 8. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. Permit issued this the 22nd day of November 2004. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Kimek, P. Director Division of Water Quality By Authority of the Environmental Management Commission Page 6 of 8 ANDREW & KUSKE John R. Andrew, P.E. John S. Tunstall, P.E. J.A. Kuske, P.E. Neal W. Andrew, P.E. CONSULTING ENGINEERS, INC. J. Phillip Norris, P.E. John A. Kuske,. III, P.E. 902 Market Street • Wilmington, NC 28401-4733 • Phone (910) 343-9653 • Fax (910) 343-9604 www.andrewandkuske.com • office@andrewandkuske.com LETTER OF TRANSMITTAL To: Date: September 2, 2004 —][Job No. 03218 Ms. Linda Lewis Subject: Stormwater NC DENR Commercial Tract Porters Neck 1 11 (Futch Creek Properties) f WE ARE SENDING YOU VIA FAX TRANSMITTAL: NUMBER OF PAGES ❑ ATTACHED ❑ UNDER SEPARATE COVER INCLUDING THIS TRANSMITTAL 5 ❑ SHOP DRAWINGS ❑ PRINTS ❑ TRACINGS ❑ SPECIFICATIONS ❑ DISKS ❑ COPY OF LETTER Call 910-343-9653 if you have any difficulty ❑ receiving this message. COPIES DATE NO. DESCRIPTION SW8 040220 Deed Restrictions 11 1 1 ! Futch Creek Properties, LLC authorization 11 11 1 f 1 As requested per your request for additional information. II ❑ AS REQUESTED ❑ FOR REVIEW AND COMMENT ❑ FOR APPROVAL ❑ FOR YOUR USE ❑ FOR BIDS DUE ❑ YOUR PRINTS LOANED TO US REMARKS CC: SIGNED John S. Tunstall, P.E. Ijmc CONFIDENTIAL AND PRIVILEGED: Information contained in this document is privileged and confidential, intended for the sole use of the addressee. If you are not the addressee or the person responsible for delivering it to the addressee you are hereby notified that any dissemination, distribution or copying of this document is strictly prohibited. If you have received this document in error please immediately notify the sender and return to the address above. PORTERS NECK COMMERCIAL TRACT FUTCH CREEK PROPERTIES, LLC A&K PROJECTS NO. 03218 INFORMATION PERTAINING TO DEED RESTRICTIONS AND PROTECTIVE COVENANTS In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed restrictions and protective covenants are required for certain developments where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" surface area consistent with the applicable regulation limiting built -upon area. The following deed restrictions and covenants must be recorded prior to issuing the Stormwater Management Permit: I. For All Projects: The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8040220, as issued by the Division of Water Quality under NCA C 2N.1000. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Water Quality. VI For High Density Commercial Subdivisions: (in addition to all others that apply) The maximum allowable built -upon area per lot is 75% of the lot area. This allotted amount includes any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 2. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including: a piped collection system, which ultimately discharges into the stormwater facility; appropriate grading of the lot such that the built -upon surfaces drain into the facility; or graded swales which collect runoff and direct it into the stormwater facility. 3. Each lot whose ownership is not retained by the permittee, is required to submit a separate stormwater permit application to the Division of Water Quality and receive a permit prior to construction. �'. 1, Robert M. Nigh, Futch Creek Properties, hereby pledge to record the following deed restrictions prior to he sal of any lot in the Porters Neck Commercial Tract. State of North Carolina County of New Hanover I, Jeria M. Coleman, a Notary Public in and for the State and County aforesaid, certify that appeared before me this day and acknowledged t� due execution of the foregoing nelLt., rument. _ WITNESS my hand and notarial seal, this the day of S t�, 2004. My Commission Expires: 10-10-07 M Notary g.. Robert High Properties, LLC 5725 oleander Dr, P-7 Wilmington, NC 28403 May 19, 2004 To Whom It May Concern: I, authorize Robert M. High to sign any Storm water permits for me, regarding Dutch Greek Propertlps, LLC. If you should have any questions, feel free to call me at 910-350-0494 Ext. 112, or Robert at 910-790-9494. � 2 J j� p Y Raifor T Date klobert High/Date Andrew & Kuske CONSULTING ENGINEERS. INC. _ 902 Market Street Wilmington, NC 28401-4733 910/343-9653 910/343-9604 Fax www,ondrewandkuske,com May 20, 2004 Ms. Linda Lewis, Environmental Engineer NC DENR Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 John R. Andrew, RE. John S. Tunstall, P.E. John A. Kuske, III, P.E. James T. Pyrtle, P.E. Re: Stormwater Project No. SW8 040220 Response for Additional Information Futch Creek Properties, LLC -Porters Neck Commercial Tract Wilmington, NC A & K Project No. 03218 Dear Ms. Lewis: RAC J. Phillip Norris, P.E. Neal W, Andrew, P.E. J.A. Kuske, P.E. of Counsel C. Lawrence Sneeden, Jr., P.E. 1 2004 Please find the following responses to your questions of your letter dated May 3, 2004. 1. The project is new and is not a modification. This was an error on the application. The development is a commercial subdivision that will be subdivided as property is sold and developed. The regional stormwater facility is designed for commercial subdivision 62.11 % impervious area for the entire 8.05 acre tract. The lots will be limited to 75% impervious area lot coverage. 2. The application is for 8.05 acres. Again this is not a modification to Sagewood, this is a new project and was not included in Sagewood's drainage area. 3. Please find the attached letter from Raiford Trask authorizing Robert High to sign permits. 4. Please find that the bottom of Section 111.6 has now been completed. 5. Revised design calculations have been sealed. 6. Deed restrictions will be sent to your office once they have been recorded. Commercial lots will be limited to 75% impervious as indicated on Section IV of permit application. 7. Piping and infiltration basin is located in drainage easement as indicated on plans {easement line NW of pond from right of way to north property line, Ms. Linda Lewis 1 NCDENR May 20, 2004 Page 2 8. Excess storm is bypassed in junction box (wier and 12" RCP to county pond). 9. With the exception of the small portion of roadway (00.27 AC = 1,170 SF) all of the drainage area is directed to junction box, which divides the stormwater to the two infiltration basins. There is no way to accurately delineate which basin it goes to. The two basins are equal size and the two outlet pipes are equal size. 10. As per re -design the vegetated filter is located on property and within easement. 11. As required to meet the County Stormwater Ordinance a pond is located on backside of infiltration basin. 12. Perforated pipe has been removed from the plan. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, ANDREW & KUSKE CONSULTING ENGINEERS, INC. �J•l7' John S. Tunstall, P.E. JSTljmc 03218 05-20-04 reply Enclosures INFILTRATION BASIN ANALYSIS FILENAME: G:IDATAIWPDATAIWQSIINBASIN1040220.WK1 PROJECT NUMBER: SW3 O40220 DATE: 01-Aug-04 PROJECT NAME: Futch Creek Properties Poters Neck Site DRAINAGE BASIN: Cape Fear REVIEWER: L. Lewis RECEIVING STREAM: Futch Creek CLASS: SA Index No.: If ORW, is site within the 575' AEC? SITE AREA: 8.05 acres IMPERVIOUS AREA CALCULATION Lots @75% PARKING/ASPHALT CONCRETE FUTURE TOTAL % IMPERVIOUS, 1= ELEVATION OF SEASONAL HIGH WATER TABLE REPORTED INFILTRATION RATE SURFACE AREAS AND ELEVATIONS DRAINAGE AREA: Rational C 197000 6.03 acres lot area. 20800 0.98 C=:::::<:::<:>:::::<:>::::<0.08< Place a "9" here if Rational RV= .05+.009 { 1) _ :0 36 35 FEET MSL or 0.000324 FPS Elegy. (ft) Area, sf Inc. Volume Acc. Volume BOTTOM 38.35 18000 0 0 -345150-345150 TOP 39.9 20775 414461.25 30050.625 VOLUME / DEPTH 1 DRAWDOWN CALCULATION DESIGN STORM, INCHES DESIGN VOLUME BYPASS WEIR ELEVATION TOTAL VOLUME AVAILABLE STORAGE MET AT ELEV TIME TO DRAWDOWN 25 YEAR 24 HOUR STORM NIA Intensity, Qr= C I A= i= .33 inches 1 hour Qp through the bottom of the basin= 10 YEAR 10 MIN HIGH INTENSITY EVENT Intensity, Volume for 10 ) i = 6.3 inches 1 hour CUBIC FEET SF CF @WEIR ELEV. FEET HOURS MUST BE <120 0.20 CFS 5.83 CFS 2305.80 CF < COMMENTS Volume and drawdown are within Design Requirements. Must be > Qr 30050,625 CF Andrew & Kuske CONSULTING ENGINEERS, INC. 902 Market Street Wilmington, NC 28401-4733 910/343-9653 910/343-9604 Fax www.andrewandkuske.com February 13, 2004 Ms. Linda Lewis, Environmental Engineer NC DENR Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Re: State Stormwater Permit Submittal FUTCH CREEK PROPERTIES, LLC PORTERS NECK COMMERCIAL TRACT Wilminton, NC A & K Project No. 03218 Dear Ms. Lewis: John R. Andrew. P.E. J. PhRlip Norris, P.E. John S. Tunstall, P.E. Neal W. Andrew, P.E. John A. Kuske, III, P.E. J.A. Kuske, P.E. of Counsel James T. Pyrtle, P.E. C. Lawrence Sneeden, Jr., P.E. ` ��y N� Enclosed are two (2) sets of plans for the subject project, one (1) set of calculations, the original Division of Water Quality Stormwater Management Permit application, the original SWU-103 supplement form, one (1) copy of the stormwater narrative and a $420.00 check for the processing fee. Please review this information for approval and contact us with any questions or comments you may have. Thank you for your assistance on this project. Sincerely, ANDREW & KUSKE CONSULTING ENGINEERS, INC. John S. Tunstall, P.E. JSTljmc F E 13 Zu04 03218 02 13 04 sw-Itr BY: Enclosures 4 - 21641! :. gNDREW & KUSKE'CONSULTING ' ".FIRST CITIZENS BANK 353 ° ENGINEERS,. < &TRUST COMPANY r < P(910) 343-9653' ` $4M" , 01 ; n902 MARKET STfiEET, J rya r i sty- 8-- ^a 9 f . 66 3 531 ;'. ^k y WILMINGTON, NC P8401-4733 3 r sry t. = 1 o VA ' DATE AMOUNT 02-13-04 f $420.00: `I THE"' SUM .OF FOUR' HUNDRED TWENTY,. DOLLARS.. }./.100 ONLY, PAY p, TO THE ,D ORDER NC " 41 .DENR:. OF �f SSi a N o Re: State Stormwater App. A & K # 0 3 218 I 1190002 L6i, Lon 1.0531003001:00353 L95591?110 ANDREW & KUSKE CONSULTING ENGINEERS, INC. 21641 02-13-0'4 $420.00 THE SUM OF FOUR HUNDRED TWENTY DOLLARS 06/100 ONLY Re: State Stormwater App. A&K #03218 RSA OEWXE BUSINESS FORMS 1+MO-328-0304 i .dOwmfm .wm 1 V if' ANDREW & KUSKE CONSULTING ENGINEERS, INC. 21641 02-13-04 $420'.00 THE SUM OF FOUR HUNDRED TWENTY DOLLARS 00/100 ONLY Re: State Stormwater App. A&K #03218 _, 96p i pm auSINES5 fORMS 1+Wo-328-0304 w dskmdor .c STORMWATER SYSTEM NARRATIVE PORTERS NECK COMMERCIAL TRACT NEW HANOVER COUNTY, NORTH CAROLINA For Futch Creek Properties, LLC 5725 Oleander Drive, #E-7 Wilmington, NC 28403 (910) 790-9490 %IIIr!lffl CARof� l p : oF-ss� iz 19851 ��•' rEj ' v flfflf If 1{1\\\\ February 13, 2004 Prepared by: ANDREW & KUSKE CONSULTING ENGINEERS, INC. 902 Market Street Wilmington, North Carolina 28401 (910) 343-9653 (910) 343-9604 — (Fax) E-mail: office@andrewandkuske.com A & K Project No. 02318 STORMWATER MANAGEMENT NARRATIVE PORTERS NECK COMMERCIAL TRACT DESCRIPTION: The site is a 8.05 AC tract located on the east side of Market Street, 2,450 feet east of the intersection with Market Street (US Hwy 17) and Futch Creek Road (SR 1400). The tract is bounded residential and vacant uses to the north, south & east of the tract. The site is heavily vegetated. The wetlands have been delineated. The project is new development consisting of clearing, grading, and construction of access roads, commercial subdivision lots, stormwater management system and utilities. Design impervious for the entire site is computed at 70%. Approximately 3.4 acres will be disturbed by the construction work. STORMWATER MANAGEMENT MEASURES: The site is proposed as high -density commercial development, with a maximum impervious surface of 70%. Runoff will be collected along and directed to the stormwater infiltration basin. S&ME performed infiltration test that revealed an infiltration rate of 14°Ihr. Vincent Lewis with NCDENR has visited the site and the seasonal high water table has been determined to be 36.35. In addition to state requirements the county stormwater requirements have also been achieved. The grading contractor and developer will provide maintenance during construction. The property owners association will provide maintenance after completion. 2 0� WArF� Michael F. Easley, Governor �a 0 William G. Ross Jr., Secretary �Q North Carolina Department of Environment and Natural Resources > � Alan W. Klimek, P.E.,Directar 0 Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality May 3, 2004 Mr. Robert M. High Futch Creek Properties, LLC 5725 Oleander Drive, Suite E-7 Wilmin ton, ......28403.___ Subject: Request for Additional Information Stormwater Project No. SW8 040220 Futch Creek Properties Porters Neck Site New Hanover County Dear Mr. High: The Wilmington Regional Office received a Stormwater Management Permit Application for Futch Creek Properties Porters neck Site on February 13, 2004. A preliminary review of that information has determined that the application is not complete; The following information is needed to continue the stormwater review: This application is marked as a modification to 020435, but there is a different owner, different project area, and now appears to be a commercial subdivision - but there are no lots shown on the submitted plans. Will you be subdividing on an as -needed basis? Please provide a complete narrative account of how this subdivision will be developed. The 23.8 % for DA -2 is confusing because no plans for this area have been provided. Is it your intent to utilize the previously approved plans under 020435 for this area? Is this project still going to be called Plantation Landing or Sagewood? 2. The original Plantation Landing/Sagewood project area was 83.09 acres, but this modification is only for a project area of 51.65 acres. What has happened to the remaining 32 acres? I cannot modify a permit for less project area unless another permit is obtained for the remaining acreage. If SSP Investments, Inc. sold this property to you then I will issue a separate permit, number SW8 040220, for this project and SSP Investments will need to modify their permit to show the new project area. 3. What is your title within the corporation? According to the paperwork online with the Secretary of State's Corporation Database, Raiford Trask is the current managing member, therefore, only Mr. Trask can sign the application and supplement. I can accept your signature only if accompanied by a signed letter of authorization from Mr. Trask, or legal documentation of your status as the manager of the LLC. 4. The bottom half of Section 111.6 of the application has been left blank, except for a total, and there is no built -upon area shown on the proposed plans except for a road. Please complete the lower half of Section 111.6. 5. Please have your consultant seal the design calculations. 6. Please provide a copy of the proposed deed restrictions for this high density commercial subdivision, per Sections I and VI of the attached document. N. C. Division of Water Quality 127 Cardinal Drive Extension (910) 395-3900 Customer Service ������ Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 Mr. High May 3, 2004 Stormwater Application No. SW8 040220 7. Please locate all the piping outside of the road right-of-way in a recorded drainage easement. The 18" pipe and flume near the end of the road do not have easements. 8. Infiltration systems must be offline, where the excess design storm is bypassed prior to entering the infiltration basin. The plans show an outlet box located inside of the basin. This is not correct design. A bypass must be provided at each inlet point. 9. What is the purpose of the sheet pile wall in the basin? If it is to achieve the 5 acre maximum drainage area, please complete another column on the application for the second side, one for each side of the basin, and provide a delineation of the drainage area to each side. 10. The vegetated filter appears to be located outside of the property. This is not acceptable, because you will have no control over what happens on that property, and cannot guarantee that the filter will not be removed, altered or destroyed. Additionally, access for maintenance will be an issue. Please either relocate the filter totally within your property boundaries, or provide a copy of the recorded easement agreement between yourself and the adjacent property owner for this filter. 11. The plans refer to a detention pond outlet structure, but I do not see a detention pond labeled on the plans. Ponds are not allowed as treatment within %Z mile of SA waters. 12. What is the purpose of the 8" perforated piping surrounding the infiltration area? If the infiltration rate and soils are adequate, there should be no need for this. Please note that this request for additional information is in response to a preliminary review. The requested information should be received by this Office prior to June 3, 2004, or the application will be returned as incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee. If you need additional time to submit the information, please mail or fax your request for a time extension to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by which you expect to submit the required information. The Division is allowed 90 days from the receipt of a completed application to issue the permit. The construction of any impervious surfaces, other than a construction entrance under an approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A. Please reference the State assigned project number on all correspondence. Any original documents that need to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must be provided. Copies are not acceptable. If you have any questions concerning this matter please feel free to call me at (910) 395-3900. Page 2 of 3 Mr. High May 3, 2004 Stormwater Application No. SW8 040220 Sincerely, h Linda Lewis Environmental Engineer RSS/arl: S:1WQSlSTORMWATIADDINFO20041040220.may04 cc: John Tunstall, P.E., Norris, Kuske and Tunstall Linda Lewis Page 3 of 3 Entity Names Page 1 of 1 North Carolina Elaine F. Marshall DEPARTMENT or. -ri-I E Secretary SECRETARY of S7ATE Corporations •Corporations Home *Important Notice •Corporate Forms/Fees ,@Corporations FAQ *Tobacco Manufacturers *Verity Certification ,@Online Annual Reports Links "Secretary Of State Home *Business License *Register for E-Procuremen •Dept. of Revenue Legislation 101999 Senate Bills. 02001 Bill Summaries *Annual Reports 1997 ,@Corporations 1997 "Other Legislation Search ,@fly Corporate Name ,@For New Corporation *By Registered Agent Online Orders "Start An Order ,@New Payment Procedures PO Box 29622 Raleigh, NC 27626-0622 f9191807-2000 Date: 5/1/2004 Click here to: View Document Filings 1 70-1 Print a pre -populated Annual Report Form I File an Annual Report I Corporation Names Name Name Type NC FLITCH CREEK Legal PROPERTIES, LLC Limited Liability Company Information SOSID: 0490321 Status: Current -Active Date Formed: 4/5/1999 Citizenship: Domestic State of Inc.: NC Duration: DEC 2049 Registered Agent Agent Name: Registered Office Address: Registered Mailing Address: Principal Office Address: Principal Mailing Address: Chappell, Christine 1123 Military Cutoff Road Wilmington NC 28405 1123 Military Cutoff Road Wilmington NC 28405 1123 Military Cutoff Road Wilmington NC 28405 No Address For questions or comments about the North Carolina Secretary of State's web site, please send e-mail to Webmaster. For questions or comments concerning the Corporations Division, please send e-mail to Corporations Administrator Click here for help downloading forms. http://www.secretary.statenc.us/Corporations/soskb/Corp.asp?4642856 5/1 /2004 LIMITED LIABILITY COMPANY (LLC) SOSID: 0490321 ANNUAL REPORT Date Filed: 5/17/2001 12:19 PM Effective: 8/7/2001 Elaine F. Marshall ' North Carolina Secretary of State NAME OF LIMITED LIABILITY COMPANY: FUTCH CREEK PROPERTIES, LLC r, -- STATE OF ORGANIZATION: NC SECRETARY OF STATE L.L.C. ID NUMBER: O 4 9 0 3 21 FEDERAL EMPLOYER ID NUMBER: 5 6- 213 3 5 4 6 IF THIS IS THE INITIAL ANNUAL REPORT FILING, PLEASE COMPLETE THE ENTIRE FORM. IF YOUR LLC'S INFORMATION HAS NOT CHANGED SINCE THE PREVIOUS REPORT, PLEASE CHECK THE BOX AND COMPLETE LINE 8 ONLY. 1. REGISTERED AGENT & REGISTERED OFFICE MAILING ADDRESS: RAIFORD G. TRASK, III 302-A RALEIGH STREET WILMINGTON, NC 28412 2. STREET ADDRESS AND COUNTY OF REGISTERED OFFICE: 302-A RALEIGH STREET WILMINGTON, NC 28412 NEW HANOVER 3. IF THE REGISTERED AGENT CHANGED, SIGNATURE OF THE NEW AGENT: r 4. ENTER PRINCIPAL OFFICE ADDRESS HERE: ADDRESS . FISCAL YEAR ENDING: 12 Z 31 0 0 MONTHNAYIYEAR 07 SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 5725 OLEANDER DRIVE, SUITE E-7 CITY -ST - ZIP - WILMINGTON, NC 28403 5. ENTER PRINCIPAL OFFICE TELEPHONE NUMBER HERE: 910 - 79 0 - 9 4 9 0 PLEASE INCLUDE AREA CODE S. ENTER NAME, TITLE, AND BUSINESS ADDRESS OF MANAGER($) HERE: RAIFORD G. TRASK MANAGING MEMBER 302-A RALEIGH STREET WILMINGTON, NC 28412 7. BRIEFLY DE RISE THE NAT E OF BUSINESS: REAL gEA I T NT B. h F UAL RE T MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES FORM MUST BE SIGNED BY A MANAGER OF THE L.L.C. DATE RAIFORD G. TRASK MANAGING MEMBER TYPE OR PRINT NAME TYPE OR PRINT TITLE ooa231 12-07-00 rtI—L7 -3 September 17, 2003 Sinbe 1973 p Three Decades ... Three Reasons We listen. We respond. We solve. Andrew & Kuske Consulting Engineers 902 Market Street Wilmington, North Carolina 28401 Attention: Mr. John Tunstall, P.E. Reference: Double Ring Infiltrometer Testing Plantation Landing Road Commercial Site Porters Neck New Hanover County, North Carolina S&ME Job No. 1063-03-906 Dear Mr. Tunstall: ,FCENV_D SEP 1.9 20 mow ho KllSff As requested, S&ME personnel have recently conducted one double -ring infiltrometer test of the surficial soils at the subject site at the approximate location shown in Figure 1. Specifically, our representatives performed the following work items on September 12, 2003: 1. Advanced one hand-augered boring near the inf ltrometer test location in order to visually classify the in -place soils. A Munsell Soil Color Chart was used to define the hue and chroma of the recovered soil samples. 2. Conducted double -ring infltrometer testing at a depth of 6 inches below the existing ground surface. This testing was conducted in general accordance with American Society for Testing and Materials (ASTM) procedure D-3385 entitled, "Infiltration Rate of Soils in Field Using Double -Ring I.nfiltrometer". Based on our field classifications of the excavated soils at the hand-augered boring location, the in -place soils consist of an approximately 6-inch thick layer of fine to medium sands with organics and a trace of silt. Slightly silty sands were noted from a depth of about 6 to 12 inches, and were underlain by lightly cemented silty sands. These lightly cemented silty sands extended to the completed boring depth of 6 feet. SB.ME, Inc. (910) 799-9945 6409 Amsterdam Way, Building B-3 (910) 799-9958 fax Wilmington, North Carolina 28405 f www.smeinc. corn r Andrew & Kuske Consulting Engineers September 17, 2003 S&ME Job Number 1063-03-906 Page Two Water was encountered in the boreholes at a depth of approximately 5'/a feet below the existing ground surface. The site water level will fluctuate with climatic and seasonal conditions, however, and may be higher or lower at other times of the year. It is our opinion that the depth to the seasonal high water table is about four feet below the existing ground surface. We expect, though, that the presence of the lightly cemented silty sands will cause a perched water table to occur after periods of heavy or extended rainfall due to the less permeable nature of the lightly cemented silty sands. The average infiltration rate at the test location was approximately 14 inches per hour. A summary of the field test results is presented in.Table 1, S&ME appreciates the opportunity -to provide our services during this phase of the project. Should you have any questions after reviewing this letter, or if we can be of additional assistance, please do not hesitate to contact us at your convenience. CRC.MWB/jns Attachments Very truly yours, S&ME; INC. C C. Richard Connell, Il Senior Engineering Technician Michael W. Behen, P.E. Senior Geotechnical Engineer TABLE I Double Ring lnfiltrometer Testing Plantation Landing Road Commercial Site Porters Neck New Hanover County, North Carolina S&ME Job No. 1063-03-906 Date of Test: September 12, 2003 Depth of Test Below Site Grade: 6 inches Depth of Water in Rings: 53/4 inches Inner Diameter of Inner Ring: 113/4 inches Inner Diameter of Outer Ring: 22'h inches Depth to Groundwater: 5'/4 feet Average Infiltration Rate: 14'inches per hour Depth Hue 0-6" 10 YR 6"-10" 10 YR 10"-12" 2.5 Y 1 2"- 1 8" 2.5 Y 18"-24" 10 YR 24"-50" 10 YR 50%60" 10 YR 60"-72" 10 YR SOIL, PROFILE Value/Chroma Soil Descrintion 3/2 Very Dark Grayish Brown Fine to Medium SAND - Trace of Silt with Organics 3/2 Very Dark Grayish Brown Fine to Medium SAND - Trace of Silt 2.5/1 Black Fine to Medium SAND - Trace of Silt 3/1 Very Dark Gray Fine to Medium SAND - Some Silt (Lightly Cemented) 2/2 Very Dark Brown Fine to Medium SAND - Some Silt (Lightly Cemented) 3/2 Very Dark Grayish Brown Fine to Medium SAND - Some Silt.(Lightly Cemented) . 2/2 Very Dark Brown Fine to Medium SAND - Some Silt (Lightly Cemented) 2/2 Very Dark Brown Fine to Medium SAND - Some Silt (Lightly Cemented) .ems �r 1 76 87i2\ 8790 9 4 \ i 4 17 \ \ - 7�. � �s�; \-••,ter, � + � 3441 Ir 3.81A , VGA. 12" RCP IN;f- 3 I' hAok6;, �IL516"IF Note: Site plan drawing provided to S&ME by Andrew & Kuske Consulting Engineers personnel. LEGEND ® Approximate Location of Infiltrometer Testing PROJECT PROPOSED COMMERCIAL SITE PLANTATION LANDING ROAD NEW HANOVER.COUNTY, NC S C A LE Not to Scale J 0 B NO. 1O63-03-906 FIG NO : 1